LIBRARY 

OF  THE 

University  of  California. 
■JIFT  OF  -^  ^^-  T-^^^^^^ 

Class 


/^T. 

V     " 


'  Carl  C.  FleliQ 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

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http://www.archive.org/details/charterordinanceOOprovrich 


X 


THE 


CHARTER  AND  ORDINANCES 


OF  THE 


CITY  OF  PROVIDENCE; 


WITH  THE 


ACTS  OF  THE  GENERAL  ASSEMBLY 


RELATING  TO  THE  CITY. 


PUBLISHED  BY  ORDER  OF  THE  CITY  COUNCIL. 


PROVIDENCE: 
KNOWLES   AND   VOSE,   PRINTERS. 

1845. 


^4K 


The  Ordinances  of  this  City,  and  the  Laws  of  the  State  specially- 
relating  to  the  City,  are,  in  conformity  with  the  instructions  of  the 
City  Council,  herein  published,  under  the  direction  of  the  under- 
signed. 

THOMAS  M.  BURGESS, 

THOMAS  B.  FENNER, 

WILLIAM  S.  PATTEN, 

JAMES  C.  HIDDEN,  [.Committee. 

JOHN  J.  STIMSON, 

JOSIAH  F.  CROCKER, 

JOSEPH  BURROWS,  Jr. 

City  of  Providence^  May  1,  1845. 


CHARTER. 


STATE  OF  RHODE-ISLAND  AND  PROVIDENCE  PLANTATIONS, 
IN  GENERAL  ASSEMBLY,  OCTOBER  SESSION,  A.  D.  1831. 


An  Act  to  incorporate  the  City  of  Providence, 


Section 

1.  Inhabitants  of  Providence  incorpora- 
ted— power  to  make  laws — to  hold 
courts. 

2.  Administration  of  government  vested 
in  Mayor,  Aldermen,  and  Common 
Council. — Town  meetings  in  relation 
to  Dexter  donation. 

3.  Mayor — powers  and  duties — salary. 

4.  City  Council — powers  and  duties — 
salaries  of  aldermen — taxes  how  as- 
sessed— annual  statement  to  be  pub- 
lished. 

5.  Town  by-laws  not  repealed  by  this 
act. 

6.  Municipal  court — one  judge — to  have 
probate  jurisdiction — ^jurisdiction  over 


Section 

other  matters.— Appeals.-When  judge 
is  interested,  alderman  to  act  as  judge. 

7.  Police  Court  jurisdiction — for  form  of 
proceeding,  see  Act  in  amendment. 

8.  Wards — ward  meetings  and  officers. — 
Elections. — Annual  organization  on 
first  Monday  of  June. — City  Clerk  to 
be  chosen  by  ballot — duties  of  city 
clerk. — Board  of  aldermen  to  choose 
president  pro  tem.,  who  in  certain  ca- 
ses may  act  as  mayor. 

9  &  10.  These  sections  relate  to  general 
elections  and  admission  of  freemen, 
which  since  the  adoption  of  the  Con- 
stitution have  become  obsolete. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and 
by  the  authority  thereof  it  is  enacted,  That  the  inhabitants  of 
the  town  of  Providence  shall  continue  to  be  a  body  politic 
and  corporate,  by  the  name  of  the  "  City  of  Providence  ;" 
and,  as  such,  shall  have,  exercise  and  enjoy  all  the  rights, 
immunities,  powers,  privileges  and  franchises,  and  shall  be 
subject  to  all  the  duties  and  obligations  now  appertaining  to 
or  incumbent  upon  said  town  as  a  municipal  corporation,  or 
appertaining  to  or  incumbent  upon  the  freemen  and  town- 
council  thereof;  may  ordain  and  publish  such  acts,  laws  and 
regulations  as  shall  be  needful  to  the  good  order  of  said  body 
politic,  and  inflict  fines  and  penalties  for  the  breach  thereof, 
not  exceeding  two  hundred  dollars  and  six  months  imprison- 
ment for  any  one  offence ;  and  may  hold  courts  of  judicature, 
with  the  powers  and  jurisdictions  hereinafter  mentioned. 

Sec.  2.  And  be  it  further  enacted,  That  the  administra- 
tion of  all  the  fiscal,  prudential  and  municipal  aff'^irs  of  said 

228736 


4  CITY  CHARTER. 

city,  with  the  government  thereof,  shall  be  vested  in  one 
principal  magistrate,^  [being  a  freeholder  and  freeman  of  said 
city,]  to  be  called  the  Mayor ;  one  council  of  six  [freemen, 
being  also  freeholders,]  to  be  called  the  Board  of  Aldermen  ; 
and  one  council  of  tv^enty-four  [freemen,  ;being  also  freehold- 
ers,] to  be  called  the  Common  Council  which  boards  shall, 
in  their  joint  capacity,  be  called  the  City  Council ;  together 
with  such  other  magistrates  or  officers  as  by  this  Act  are,  or 
hereafter  may  be,  by  the  laws  of  this  State  and  of  said  city, 
prescribed ;  who  shall  be  sworn  or  affirmed  to  the  faithful 
performance  of  the  duties  of  their  respective  offices,  and  to 
support  the  Constitution  of  the  United  States  :  provided^  how- 
ever^ that  it  shall  at  all  times  be  lawful  for  the  freemen  of  said 
city  of  Providence,  or  any  number  of  them  not  less  than  for- 
ty, to  hold  town  meetings  in  said  city,  for  the  purpose  of 
transacting  business  in  relation  to  the  property  and  estate 
devised  to  the  town  of  Providence  by  the  last  will  and  testa- 
ment of  Ebenezer  Knight  Dexter,  and  denominated  the  Dex- 
ter Donation,  and  the  Asylum,  and  other  town  or  city  property 
connected  therewith ;  and  the  times  and  places  of  holding 
such  meetings,  and  the  warning  thereof,  shall  be  appointed 
and  directed  by  the  city  council ;  and  the  proceedings  of 
every  such  town  meeting  shall  be  recorded  in  a  book  to  be 
kept  for  that  purpose  by  the  city  clerk,  who  shall  ex  officio  be 
the  clerk  of  said  meetings. 

Sec.  3.  And  he  it  further  enacted^  that  the  mayor  of  said 
city  shall  be  the  chief  executive  magistrate  thereof,  and  shall 
be  ex  officio  a  justice  of  the  peace  within  the  city.  It  shall 
be  his  duty  to  be  vigilant  and  active  in  causing  the  laws  to  be 
executed  and  enforced ;  and  in  order  to  enable  him  more  ef- 
fectually to  preserve  the  peace  and  good  order  of  the  city,  all 
the  powers  given  to  sheriffs  and  other  officers  in  and  by  an 
Act  entitled  "  An  Act  to  prevent  routs,  riots  and  tumultuous 
assemblies,  and  the  evil  consequences  thereof,"  are  hereby 
conferred  upon  him.  He  is  also  hereby  empowered  to  com- 
mit to  prison,  for  a  term  not  exceeding  twenty-four  hours, 
any  dissolute  person  or  persons  who  may  be  detected  in  rev- 
ehng  in  the  streets,  committing  any  mischief,  quarrehng,  or 
otherwise  behaving  in  a  disorderly  manner,  to  the  disturbance 
or  annoyance  of  the  peaceable  inhabitants  of  said  city.  He 
is  also  empowered  to  enter  any  house  or  building  which  he 


*  The  parts  of  the  charter  included  in  brackets  have  been  materially  modified  by 
acts  in  amendment  of  the  charter,  and  by  the  constitution  and  election  laws  of  the 
state. 


CITY  CHARTER.  O 

has  reasonable  cause  to  suspect  to  be  inhabited  by  persons  of 
ill  fame,  or  to  which  persons  of  dissolute,  idle  or  disorderly 
character  are  suspected  to  resort ;  and  if  any  dissolute,  disor- 
derly or  vagrant  persons  are  found  assembled  in  or  about  such 
house  or  building,  he  shall  command  all  such  persons  imme- 
diately to  disperse,  if  in  his  opinion  the  good  order  of  any 
portion  of  the  city  requires  it ;  and  in  case  of  neglect  or  re- 
fusal to  obey  such  command,  he  is  hereby  authorized  to 
commit  any  person  or  persons  so  disobeying  to  prison,  for  a 
term  not  exceeding  forty-eight  hours ;  and,  if  need  be,  he 
may  require  the  aid  of  any  sheriff,  deputy  sheriff,  town-ser- 
geant, constable  or  watchman,  or  all  of  them,  together  with 
such  other  aid  as  may  be  necessary.  He  shall  inspect  the 
conduct  of  subordinate  officers,  and  cause  their  violations  of 
duty  to  be  prosecuted  and  punished.  He  may  call  meetings 
of  the  boards  of  aldermen  and  common  council,  or  of  either 
of  them,  although  one  or  both  of  them  may  have  been  ad- 
journed to  a  more  distant  day.  He  shall,  from  time  to  time, 
communicate  to  both  of  them  such  information  and  recom- 
mend such  measures,  as  the  business  and  interests  of  the  city 
may,  in  his  opinion,  require.  He  shall  preside  in  the  board 
of  aldermen,  and  in  joint  meetings  of  the  two  boards,  but 
shall  have  only  a  casting  vote.  The  salary  of  the  mayor,  for 
the  first  year  in  which  this  charter  shall  take  effect,  shall  be 
one  thousand  dollars,  and  no  more.  He  shall  afterwards  be 
compensated  for  his  services  by  a  salary  to  be  fixed  by  the 
city  council,  in  the  month  of  March  in  each  year,  payable  at 
stated  periods ;  and  he  shall  receive  no  other  emolument. 
No  regulation  to  change  or  diminish  said  compensation  shall 
take  effect  until  the  expiration  of  the  time  for  which  the 
mayor  in  office  at  the  time  of  such  regulation  shall  have  been 
chosen. 

Sec.  4.  And  be  it  further  enacted,  that  the  executive 
powers  of  said  city,  generally,  and  the  administration  of  po- 
lice, with  all  the  powers  now  possessed  by  the  town  council  of 
the  town  of  Providence,  and  of  its  members,  by  virtue  of  their 
offices,  (whether  said  last  mentioned  powers  are  conferred  by 
the  general  assembly  or  by  the  town,)  except  the  power  of 
passing  by-laws  and  ordinances,  shall  be  vested  in  the  mayor 
and  aldermen.  All  other  powers  now  vested  in,  or  by  this 
charter  conferred  upon,  the  inhabitants  or  freemen  of  Provi- 
dence, or  in  the  town  council  thereof,  shall  be  vested  in  the 
mayor  and  aldermen  and  the  common  council  of  said  city,  to 
be  exercised  by  concurrent  vote,  each  board  to  have  a  nega- 
tive upon  the   other.     But   elections  of  officers  by  the  city 


O  CITY  CHARTER. 

council  shall  be  had  in  convention  of  the  two  boards,  and 
whenever  required  by  any  member  of  the  convention  shall 
be  by  ballot.  The  city  council  may  define  the  duties  and  fix 
the  compensation  and  fees  of  officers,  in  cases  where  such 
duties,  fees  and  compensation  shall  not  be  defined  or  fixed  by 
the  laws  of  this  state ;  and  may  by  concurrent  vote,  two 
thirds  of  the  members  present  of  each  board  voting  in  the 
affirmative,  remove  officers  for  misconduct.  But  no  compen- 
sation shall  be  allowed  to  any  member  of  the  common  coun- 
cil, nor  shall  any  member  of  either  board  be  ehgible,  within 
the  time  for  which  he  shall  have  been  elected  as  such,  to  any 
office  of  profit  in  the  gift  of  the  city  council.  Each  alder- 
man shall  receive  an  annual  salary  of  one  hundred  dollars, 
and  no  more.  All  officers  shall  be  chosen  and  vacancies  sup- 
pHed  for  the  current  year,  except  as  herein  otherwise  directed. 
The  city  council  shall  take  care  that  moneys  shall  not  be  paid 
from  the  treasury  unless  granted  or  appropriated ;  shall  secure 
a  just  and  proper  accountability,  by  requiring  bond,  with  suf- 
ficient penalty  and  surety  or  sureties,  from  all  persons  intrust- 
ed with  the  receipt,  custody  and  disbursement  of  moneys ; 
shall  have  the  care  and  superintendance  of  city  buildings,  and 
the  custody  and  management  of  all  city  property,  with  power 
to  let  or  sell  what  may  be  legally  let  or  sold,  and  to  purchase 
and  take,  in  the  name  of  the  city,  such  real  and  personal  pro- 
perty as  they  may  think  useful  to  the  public  interest.  All  taxes 
ordered  to  be  assessed  by  the  city  council,  or  by  the  general 
assembly,  shall  be  assessed,  apportioned  and  collected  accord- 
ing to  the  modes  prescribed  by  the  laws  of  this  state  ;  and  the 
city  council  shall,  as  often  as  once  a  year,  cause  to  be  pub- 
lished, for  the  information  of  the  freemen,  a  particular  account 
of  receipts  and  expenditures,  and  a  schedule  of  city  property. 

Sec.  5.  And  be  it  further  enacted,  that  all  the  by-laws,  or- 
dinances and  regulations  heretofore  made  by  the  freemen  of 
the  town  of  Providence,  or  by  the  town  council  thereof,  and 
now  in  force,  shall,  notwithstanding  this  Act,  be  and  remain 
in  force  until  they  shall  expire  by  limitation,  or  be  repealed  by 
the  city  council.  And  prosecutions  and  suits  may  be  com- 
menced and  proceeded  thereon,  in  the  name  of  the  city,  or  of 
the  officers  or  other  persons  by  said  by-laws,  ordinances  and 
regulations  empowered  or  directed  to  proceed  and  sue  ;  and 
the  fines  and  penalties  recovered  shall  go  to  the  uses  in  such 
by-laws,  ordinances  and  regulations  named,  or  according  to  law. 

Sec.  6.  And  be  it  further  enacted,  that  the  judicial  powers 
herein  granted  shall  be  exercised  by  a  municipal  court,  to  be 
holdenby  one  judge,  to  be  appointed  by  the  city  council;  and 


CITY  CHARTER.  / 

by  a  police  court,  to  consist  of  so  many  of  the  justices  assign- 
ed to  keep  the  peace  within  said  city  by  the  general  assembly, 
not  exceeding  three,  as  shall  be  annually  selected  by  concur- 
rent vote  of  the  city  council,  and  oftener  in  case  of  vacancy ; 
any  one  of  whom  shall  constitute  a  quorum.  The  said  courts 
may  punish  for  contempts,  by  fine  and  imprisonment.  The 
judge  of  said  municipal  court  shall  hold  regular  terms,  at  such 
times  and  in  such  place  in  said  city  as  may  be  appointed  by 
ordinance  of  the  city  council,  and  may  adjourn  his  court  from 
time  to  time ;  and  in  case  of  his  sickness  or  absence,  the 
clerk  of  said  court  may  adjourn  the  same  to  such  time  as  may 
be  necessary  on  that  account.  The  said  judge  shall  exercise 
the  probate  jurisdiction  now  exercised  by  the  town  council  of 
Providence ;  and  the  probate  business  of  said  town  council, 
unfinished  at  the  time  of  his  coming  into  ofiice,  shall  be  pro- 
ceeded in  and  finished  by  the  municipal  judge.  The  munici- 
pal court  shall  have  original  jurisdiction  of  suits  for  offences 
against  the  by-laws,  ordinances  and  regulations  of  the  free- 
men of  the  town  of  Providence,  of  the  town  council  of  said 
town,  and  of  the  city  council  of  said  city,  in  which  the  pen- 
alty or  fine  shall  exceed  ten  days'  imprisonment,  or  twenty 
dollars.  It  shall  have  final  appellate  jurisdiction  in  suits  orig- 
inally brought  at  the  police  or  justice's  courts  against  inhabit- 
ants of  said  town  or  city,  for  offences  against  by-laws,  in 
which  the  fine  or  penalty  shall  not  exceed  twenty  dollars,  or 
ten  days'  imprisonment.  The  judge  of  said  court  may  em- 
panel juries  of  the  freemen  of  the  city,  to  be  drawn  by  the 
board  of  aldermen  in  the  same  manner  as  heretofore  by  the 
town  council,  to  be  taken  up  by  writ  of  venire  facias,  or  from 
the  by-standers  :  and  the  plaintiff  or  appellant  in  said  court 
shall  pay  to  the  clerk  thereof  the  sum  of  five  dollars  for  the 
trial  of  each  cause,  before  the  verdict  thereon  shall  be  ren- 
dered, to  be  by  said  clerk  paid  into  the  city  treasury.  It 
shall  be  lawful  for  said  judge  so  to  alter  the  form  of  writs  and 
other  process,  whether  of  common  law  or  probate,  as  to  make 
the  same  consistent  with  the  organization,  style  and  jurisdic- 
tion of  the  court ;  and  such  writs  and  process  shall  have  the 
same  validity  and  extent,  and  be  served,  obeyed,  enforced  and 
returned  in  the  same  modes  and  by  the  same  officers,  as  are 
the  writs  and  other  process  from  courts  of  common  pleas  and 
of  probate  :  provided,  however,  that  said  writs  and  other  pro- 
cess may  also  be  served  by  the  constables  of  said  city.  The 
said  judge  shall  cause  records  of  the  proceedings,  judgments, 
orders  and  decrees  of  the  court  to  be  kept  by  the  clerk  there- 
of, who  shall  be  appointed  by  the  city  council.     The  judg- 


CITY  CHARTER. 


ments,  orders  and  decrees  of  said  court,  in  cases  originating 
therein,  may  be  appealed  from,  as  by  law  prescribed  in  cases 
originating  in  courts  of  probate  or  of  common  pleas.  The 
supreme  [judicial]  court  shall  thereupon  render  final  judgment. 
Provided^  that  nothing  herein  shall  deprive  any  person  of  his 
writ  of  review,  or  of  his  right  to  petition  the  supreme  [judi- 
cial] court  for  a  new  trial ;  and  provided,  also,  that  if  said 
municipal  judge  shall  be  personally  interested,  or  related 
within  the  ninth  degree  to  a  party  in  any  cause  in  said  court, 
and  if  any  party  in  said  cause  shall  object  to  him  on  that  ac- 
count, the  mayor  and  aldermen  shall  appoint  one  of  the  al- 
dermen to  constitute  said  court,  and  act  as  municipal  judge 
in  that  cause,  who  shall  have  the  same  power  as  the  munici- 
pal judge.  And  in  case  the  clerk  of  said  court  shall  be  a 
party  in  any  writ  or  process  therein,  such  writ  or  process  shall 
be  signed  by  the  judge  thereof.  And  all  executions  issuing 
from  said  court  shall  be  returnable  to  the  next  term  thereof. 

Sec.  7.  And  he  it  further  enacted^  that  the  police  court  of 
said  city  shall  have  exclusive  original  jurisdiction  of  suits  for 
offences  against  the  by-laws,  ordinances  and  regulations  of 
the  freemen  of  the  town  of  Providence,  of  the  town  council 
of  said  town,  and  the  city  council  of  said  city,  in  which  the 
punishment  shall  not  exceed  ten  days'  imprisonment,  or  twen- 
ty dollars  fine  ;  [and  shall  be  holden  at  such  times  and  places 
in  said  city  as  may  from  time  to  time  be  provided  by  the  city 
council.  The  justices  thereof  shall  have  the  same  power  and 
jurisdiction  which  other  justices  of  the  peace  have  in  criminal 
cases ;  and  all  writs  and  process  signed  by  any  one  of  them 
shall  be  valid  to  all  intents  and  purposes.  Said  court  shall 
keep  a  regular  docket  of  all  cases  therein,  shall  record  its 
judgments,  orders  and  sentences,  and  furnish  certified  copies 
thereof,  when  required  ;  and  shall  receive  the  same  fees  for  all 
copies  as  are  allowed  by  law  to  clerks  of  the  courts  of  com- 
mon pleas.]*  In  cases  between  inhabitants  of  the  city,  any 
party  aggrieved  by  a  judgment  of  said  court  may  appeal  to 
the  municipal  court ;  but  in  cases  where  one  of  the  parties 
shall  not  be  an  inhabitant  of  the  city,  any  party  so  aggrieved 
may  appeal  to  the  court  of  common  pleas  of  the  county  ;  and 
the  judgment  of  said  municipal  court,  or  court  of  common 
pleas  thereon,  shall  be  final :  appeals  may  be  had  in  all  other 
cases  as  by  general  law  provided. 

Sec.  8.     And  he  it  further  enacted^  that  for  the  purpose  of 
holding  elections,  the  said  city  shall  be  divided  into  six  wards. 


See  Act  in  addition. 


CITY  CHARTim.  ^ 

to  contain,  as  nearly  as  may  conveniently  be,  an  equal  num- 
ber of  freemen.  And  it  shall  be  the  duty  of  the  city  council, 
from  time  to  time,  not  more  than  once  in  five  years,  to  revise, 
and,  if  it  be  needful,  to  alter  said  wards,  in  such  manner  as 
to  preserve,  as  nearly  as  may  be,  an  equal  number  of  freemen 
to  each.  A  quorum  for  the  transaction  of  business  in  ward 
meetings  shall  consist  of  at  least  eleven  freemen.  In  each 
ward  there  shall,  annually,  on  the  [third  Wednesday  of  April,]* 
be  chosen  a  warden  and  clerk,  who  shall  hold  their  offices  for 
one  year,  and  until  others  shall  have  been  chosen  to  their  pla- 
ces. The  wardens  shall  preside  at  the  meetings  of  the 
wards,  with  the  powers  and  duties  of  moderators  of  town- 
meetings  ;  and  the  clerk  shall  record  all  the  proceedings,  and 
certify  the  votes  given.  [Immediately  after  the  choice  of 
warden  and  clerk,  the  freemen  present  shall  elect,  by  a  ma- 
jority of  the  votes  given  in  each  ward,  four  of  the  freemen  of 
said  ward  to  be  members  of  the  common  council.  As  soon 
as  the  requisite  number  of  common  council-men  shall  have 
been  chosen,!  each  freeman  shall  carry  in  his  written  or 
printed  ballot,  endorsed  with  his  name,  for  one  freeholder, 
being  a  freeman  of  said  city,  for  mayor  ;  and  six  such  free- 
holders, being  freemen,  that  is  to  say,  one  from  each  ward  in 
the  city,  to  be  aldermen  thereof,  for  one  year  from  the  first 
Monday  of  June  then  next  to  ensue.]  All  the  ballots  for 
mayor  and  aldermen  shall  be  sorted,  counted,  registered,  de- 
clared, sealed  up,  certified  and  directed,  in  open  ward  meet- 
ings, to  the  city  clerk,  and  shall  be  opened  and  counted  by 
the  board  of  aldermen,  who  shall  cause  written  notice  to  be 
given  to  such  persons,  not  then  of  the  board,  as  shall  have 
received  a  majority  of  the  votes  given ;  and  if  no  mayor,  or 
less  than  six  aldermen,  shall  be  chosen,  or  any  person  chosen 
shall  refuse  to  accept,  shall  issue  warrants  for  another  elec- 
tion ;  and  so,  from  time  to  time,  shall  order  new  elections, 
until  a  mayor  and  six  aldermen  shall  have  been  chosen  by  a 
majority  of  the  freemen  voting.  The  said  board  may  also, 
in  case  of  vacancy  in  the  office  of  mayor,  happening  within 
the  year,  direct  such  vacancy  to  be  filled  by  a  new  election. 
On  the  first  Monday  of  June,  in  each  year,  the  mayor,  alder- 
men and  common  council-men  elect,  shall  meet  in  conven- 
tion. The  members  elect  of  the  common  council  shall  de- 
liver to  the  mayor,  or  presiding  officer,  their  certificates  of 
election  ;  and   the   mayor   shall   administer  to  such  of  the 

*  Second  Wednesday  of  May— Laws  of  R.  I.,  p.  305. 

t  See  act  in  amendment,  for  election  of  common  council-men. 


10 


CITY  CHARTER. 


members  of  the  two  boards  as  shall  be  present,  not  already 
sworn  or  affirmed,  the  oath  or  affirmation  herein  before  pre- 
scribed ;  and  thereupon  the  convention  shall  ballot  for  a  city 
clerk.  The  city  clerk  shall  be  clerk  of  the  board  of  alder- 
men. He  shall  perform  such  duties  as  may  be  prescribed  by 
the  board  of  aldermen  or  city  council,  and  discharge  all  the 
duties  and  exercise  all  the  powers  by  law  incumbent  on  or 
vested  in  the  town  clerk  of  the  town  of  Providence,  except- 
ing as  probate  clerk ;  and  all  acts  done  by  said  city  clerk, 
which  were  formerly  required  of  said  town  clerk,  shall  have 
the  same  binding  effect  upon  all  persons  as  though  done  by 
said  town  clerk.  He  shall  give  notice,  in  one  of  the  city  pa- 
pers, of  the  times  and  places  of  regular  ward  meetings ;  but 
the  place  of  each  regular  ward  meeting,  and  also  the  day  and 
hour,  when  not  fixed  by  law,  shall  be  determined  by  the  board 
of  aldermen.  The  said  board  of  aldermen  may,  in  the  ab- 
sence of  the  mayor,  choose  a  president  pro  tempore,  who  shall 
preside  at  joint  meetings  of  the  two  boards,  and  who  shall 
also,  in  the  absence  of  the  mayor  from  the  city,  or  in  case  of 
his  inability,  exercise,  for  the  time  being,  all  the  powers  and 
duties  of  mayor.  The  common  council  shall  choose  a  presi- 
dent and  clerk.  Each  board  shall  keep  a  record  of  its  pro- 
ceedings, and  the  yeas  and  nays  of  the  members  of  either 
board,  on  any  question,  shall,  at  the  desire  of  one  fifth  of 
those  present,  be  entered  on  the  journal.  Each  board  may 
determine  the  rules  of  its  proceedings,  judge  of  the  elections 
of  its  own  members,  and  in  cases  of  failure  of  elections,  or 
of  vacancy  by  death,  absence,  resignation  or  disabiUty,  may 
order  new  elections.  A  quorum  for  the  transaction  of  busi- 
ness shall,  in  each  board,  consist  of  a  majority  of  the  mem- 
bers thereof. 

Sec.  9.  And  be  it  farther  enacted,  that  elections  of  rep- 
resentatives from  the  city  of  Providence  to  the  general  as- 
sembly, and  all  general  elections  by  the  freemen,  shall  be  held 
in  the  said  city,  at  the  ward  meetings  thereof.  The  votes 
given  for  representatives  to  the  general  assembly  shall  be  en- 
dorsed with  the  names  of  the  persons  voting,  shall  be  declar- 
ed in  open  meeting,  sealed  up,  certified  and  deUvered  to  the 
city  clerk.  The  votes  given  for  general  officers,  for  electors 
of  president  and  vice-president  of  the  United  States,  and  for 
representatives  to  Congress,  shall,  at  the  close  of  the  election, 
be  also  declared  in  open  meeting,  sealed  up,  certified  and 
deUvered  to  the  city  clerk.  Those  for  representatives  to  the 
general  assembly  shall  be  opened  and  counted  by  the  board 
of  aldermen,  who  may  order  new  elections,  until  the  whole 


CITV  CHARTER. 


li 


number  of  representatives  shall  have  been  chosen ;  and  every 
representative  elect  shall  be  furnished  by  the  city  clerk  with  a 
certificate  of  his  election.  [The  packages  of  votes  given  for 
general  officers  for  electors  of  president  and  vice-president 
of  the  United  States,  and  for  representatives  to  Congress, 
shall  not  be  opened  by  the  board  of  aldermen,  but  shall  be 
by  the  city  clerk,  in  open  board,  enclosed  and  sealed  up,  di- 
rected and  deUvered,  according  to  law.*] 

[Sec.  10.  And  be  it  further  enacted,  that  inhabitants  of  the 
said  city  of  Providence,  legally  entitled  to  become  freemen 
thereof,  may  be  admitted  as  such,  by  the  board  of  aldermen 
and  common  council,  in  joint  meeting ;  they  having  produced 
their  deeds  or  other  evidence  of  title,  and  been  propounded 
on  the  records  of  said  joint  meeting,  or  in  town  meeting  be- 
fore the  organization  of  the  city  government,  at  least  three 
months  before  such  admission,  (except  in  cases  of  the  eldest 
sons  of  freemen,  and  freemen  of  other  towns  possessing  a 
sufficient  freehold  within  the  city,)  and  having  otherwise  con- 
formed to  the  requisitions  of  law  touching  the  admission  of 
freemen.  The  names  of  all  freemen  shall  be  entered  by  the 
city  clerk  in  a  general  list,  alphabetically  arranged ;  and  it 
shall  be  his  duty  before  making  up  the  ward  lists  of  freemen, 
hereinafter  mentioned,  to  return  to  the  board  of  aldermen  the 
names  of  all  persons  who,  having  sold  or  been  divested  of 
their  estates,  shall  be  disqualified  from  voting.  The  said  board 
of  aldermen  shall,  at  least  ten  days  before  all  regular  city 
and  general  elections,  and  as  early  as  practicable  before  all 
other  elections,  cause  a  list  of  the  freemen  of  each  ward  to  be 
sent  to  the  clerk  thereof,  who  shall  immediately  post  up  a  cer- 
tified copy  thereof,  at  the  place  of  the  ward  meeting.  And 
any  freeman,  not  disqualified,  whose  name  shall  have  been 
omitted  from  said  list,  shall  nevertheless  be  admitted  to  vote, 
on  producing  to  the  warden  a  certificate  of  his  quahfications 
from  the  board  of  aldermen,  dated  subsequently  to  the  date 
of  the  ward  list  of  freemen ;  which  certificate  shall  be  given 
by  the  clerk  of  the  board,  without  fee.  And  any  freeman 
whose  name  shall  have  been  omitted  as  aforesaid,  and  who 
shall  have  omitted  to  procure  said  certificate,  shall  be  admit- 
ted to  vote,  on  making  oath  before  the  warden,  (who  is  here- 
by authorized  to  administer  the  same,)  that  he  is  an  inhabit- 
ant of  the  ward  wherein  he  offers  to  vote,  has  been  duly  ad- 

*  For  mode  of  making  returns  for  general  officers,  presidential  electors  and  repre- 
sentatives to  Congress,  see  Constitution  of  State  of  Rhode-Island,  and  act  to  regu- 
late the  election  of  civil  officers. 


12 


CITY  CHARTER. 


mitted  a  freeman  of  said  city,  and  is  really  and  bona  fide 
qualified  with  sufficient  estate,  as  is  required  by  law,  or  is  the 
eldest  son  of  a  freeman  so  qualified,  and  is  an  inhabitant  of 
said  ward.  No  person  not  on  said  list,  not  having  a  certifi- 
cate as  aforesaid,  and  not  taking  the  oath  abovementioned, 
shall  vote,  except  as  hereinafter  provided.  Freemen  of  other 
towns,  residing  in  any  ward  of  the  city,  may  vote  therein,  for 
general  officers,  on  producing  certificates  from  the  town  clerk 
of  such  towns,  as  by  law  provided.  In  cases  where  the  suf- 
ficiency of  the  estate  of  persons  voting  shall  be  disputed,  and 
such  persons  shall  make  oath  or  affirmation  of  the  sufficiency 
of  such  estates,  according  to  law,  the  board  of  aldermen  shall 
value  such  estates  ;  and  such  persons  shall  not  vote  thereon 
at  any  subsequent  election,  unless  the  said  board  shall  find 
them  sufficient.*] 


An  Act  in  amendment  of  an  act  entitled  "  An  Act  to  incorporate 
the  city  of  Providence, "^"^ 

(Passed  January  11,  1843.) 


Sectiok 

1.  Election  of  city  council  to  be  on  sec- 
ond Wednesday  of  April. 

2.  Election  of  common   council-men  by 


Section 

ballot — plurality  to  elect. 
3.    Repeal  of  laws  inconsistent  with  this 
act. 


Be  it  enacted  by  the  General  Assembly^  as  follows  : 

Section  1.  The  election  of  the  mayor,  aldermen  and 
common  council-men  of  the  city  of  Providence  shall  here- 
after be  holden  on  the  second  Wednesday  of  May  in  each 
year,  instead  of  the  third  Wednesday  of  April. 

Sec.  2.  The  election  of  the  members  of  the  common 
council  shall  be  by  written  or  printed  ballots  ;  and  the  elec- 
tion shall  in  all  respects  be  conducted,  and  the  ballots  sealed 
up  and  returned  in  the  same  manner,  as  is  required  in  the 
election  of  the  mayor  and  aldermen.  The  four  candidates  in 
each  ward  who  shall  receive  the  highest  number  of  votes  shall 
be  elected  common  council-men  for  that  ward.  The  votes 
shall  be  opened  and  counted  by  the  board  of  aldermen,  who 
shall  cause  written  notice  to  be  given  to  such  persons  as  shall 
have  been  elected. 

Sec  3.  All  such  parts  of  the  act  of  which  this  is  in  amend- 
ment as  are  inconsistent  herewith  are  hereby  repealed. 


*  The  provisions  of  section  10  are  mostly  obsolete,  having  been  superseded  by  the 
constitutinQ  and  election  law  of  the  state. 


CITY  CHARTER. 


13 


An  Act  in  addition  to  an  act  to  incorporate  the  city  of  Provi- 
dence. 

(Passed  February  5,  1842.) 

Justices  of  the  police  court — ^jurisdiction  of — proceedings  may  be  had  by  warrant 

or  writ. 

Be  it  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  Any  one  of  the  justices  of  the  pohce  court 
of  said  city  shall  have  the  same  original  jurisdiction  over  all 
offences  against  the  by-laws,  ordinances  and  regulations  of 
the  freemen  of  the  town  of  Providence,  of  the  town  council 
of  said  town,  and  of  the  city  council  of  said  city,  as  is  now 
exercised  exclusively  by  the  police  court  of  said  city  ;  and 
the  same  may  be  proceeded  on  either  by  complaint  and 
warrant  or  writ ;  and  the  parties  shall  have  the  same  right  to 
appeal  from  any  sentence  or  judgment  of  such  justice  as  by 
the  provisions  of  the  charter  of  said  city  they  now  have  to 
appeal  from  any  judgment  of  the  police  court. 


Extract  from  "  An  Act  in  relation  to  the  election  and  duties  of 

town  officers,^^ 

(Digest  of  1844.) 

Wardens  and  ward  clerks  to  be  elected  on  second  Wednesday  of  May. 

Section  24.  Wardens  and  ward  clerks  in  the  city  of  Prov- 
vidence  shall  be  elected  on  the  second  Wednesday  in  May  in 
each  year,  and  shall  hold  their  offices  until  others  shall  be 
elected  and  qualified  by  law  to  act  in  their  places.  They 
shall  be  sworn  as  other  town  officers  are  required  to  be. 


ACTS  OF  THE    GENERAL   ASSEMBLY 

RELATING   TO 

THE  CITY  OF  PROVIDENCE. 

An  Act  prescribing  the  qualifications  of  freemen  entitled  to 
vote  in  town  meetings  in  Providence  for  management  of 
the  Dexter  Donation. 

(Passed  January,  1845.) 

Persons  entitled  to  vote  to  impose  tax,  to  be  freemen. 

It  is  enacted  by  the  General  Assembly^  as  follows : 

Sectiois  1 .  All  persons  who  by  the  provisions  of  the  con- 
stitution are  entitled  to  vote  in  the  city  of  Providence  for 
members  of  the  city  council,  or  upon  any  proposition  to  im- 
pose a  tax,  or  for  the  expenditure  of  money,  are  hereby  de- 
clared to  be  freemen,  entitled  to  vote  in  all  town  meetings 
holden  in  said  city  for  the  purpose  of  transacting  business  in 
relation  to  the  property  and  estate  devised  to  the  town  of 
Providence  by  the  last  will  and  testament  of  Ebenezer  Knight 
Dexter,  and  the  asylum  and  other  town  or  city  property  con- 
nected therewith. 


An  Act  in  addition  to  an  act  entitled  "  An  Act  to  enlarge  and 
explain  the  powers  of  the  town  meetings  and  town  council  of 
the  town  of  Providence.^'' 

(Passed  January  19,  1828.) 

Town  of  Providence  authorized  to  assess  tax  for  free  schools. 

Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  the  freemen  of  the 
town  of  Providence,  in  town  meeting  legally  assembled,  shall 
have  the  power  of  assessing  and  collecting  taxes  from  time 
to  time,  in  the  same  manner  as  other  town  taxes  are  assessed 


FREE  SCHOOLS— HOUSE  OF  CORRECTION. 


15 


and  collected ;  and  of  appropriating  the  same  to  establish 
and  maintain  free  schools  therein,  and  to  defray  the  expenses 
incident  thereto. 


An  Act  to  authorize  the  city  of  Providence  to  establish  a  house 
of  correction,  and  for  other  purposes, 

(Passed  October,  1833.) 


Section 

1.  City  authorized  to  establish  house  of 
correction. 

2.  Keeper  to  be  appointed — duties  of — 
list  to  be  presented  to  supreme  court. 

3.  City  council  to  have  power  to  appoint 
other  officers. 

4.  City  council  to  have  power  to  make 
regulations. 

5.  Commitments  to  be  in  writing — by 
whom  to  be  executed. 

6.  House  of  correction  to  be  deemed  a 
co:innon  jail,  so  far  that  habeas  cor- 
j)us  act  may  apply  to  it. 

7.  Commitments  to  be  made  to  Provi- 


Section 

dence  county  jail,  until  house  of  cor- 
rection shall  be  established. 

8.  Prisoners  to  be  supported  by  city. 

9.  Board  of  aldermen  may  commit  per- 
sons ordered  to  be  removed. 

10.  Vagrants — who  are  deemed  so. 

11.  Disorderly    persons — who  are   deem- 
ed so. 

12.  Justices  to  commit  vagrants  and  dis- 
orderly persons. 

13.  Intoxication — how  punished. 

14.  "Who  the  board  of  aldermen  may  lib- 
erate. 

15.  Who  the  city  council  may  liberate. 


Section  1 .  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  it  shall  and  may  be 
lawful  for  the  city  of  Providence  to  estabUsh  and  maintain  a 
house  of  correction  within  the  limits  of  said  city  ;  in  which 
said  house  of  correction  shall  be  confined  all  persons  who 
may  be  legally  committed  thereto,  as  hereinafter  provided. 

Sec  2.  And  be  it  further  enacted,  that  the  city  council 
of  said  city  of  Providence  be  and  they  are  hereby  authorized 
and  empowered  to  elect  a  keeper  of  said  house  of  correction, 
at  the  time  when  said  house  shall  be  first  established  by  virtue 
of  this  act ;  and  afterwards  a  keeper  of  said  house  shall  be 
elected  by  said  city  council  at  every  annual  election  of  city 
officers,  and  oftener  in  case  of  vacancy.  And  it  shall  be  the 
duty  of  the  keeper  of  said  house,  in  addition  to  such  others 
as  may  from  time  to  time  be  prescribed  to  him  by  said  coun- 
cil, to  present  to  the  supreme  judicial  court,  upon  the  second 
day  of  every  term  thereof,  which  shall  be  holden  within  and 
for  the  county  of  Providence,  a  list  of  all  persons  in  his  cus- 
tody within  said  house  of  correction ;  which  list  shall  specify 
the  several  dates  and  causes  of  the  commitment  of  such  per- 
sons, the  tribunal  by  which  they  were  ordered  to  be  confined, 
and  the  time  for  which  they  were  respectively  committed. 

Sec.  3.  And  be  it  further  enacted,  that  the  city  council 
aforesaid  shall  have  powef  to  appoint,  from  time  to  time,  be- 
sides a  keeper  of  said  house  of  correction,  such  other  officer 


16  HOUSE  OF  CORRECTION. 

or  officers  thereof  as  they  the  said  council  may  deem  expe- 
dient ;  and  the  same,  as  well  as  said  keeper,  to  remove  at  any 
time  by  concurrent  vote,  two  thirds  of  the  members  present 
of  each  board  voting  in  the  affirmative ;  and  all  said  officers 
shall  be  duly  sworn  or  affirmed  to  the  faithful  discharge  of 
the  duties  of  their  respective  offices. 

Sec.  4.  And  be  it  further  enacted,  that  the  city  council 
aforesaid  be  and  they  are  hereby  authorized  to  make,  ordain 
and  establish,  from  time  to  time,  all  such  by-laws,  ordinances, 
rules  and  regulations  for  the  government  of  said  house  of 
correction,  and  the  persons  committed  thereto,  as  said  coun- 
cil may  deem  needful  and  proper :  provided  that  said  by-laws, 
ordinances,  rules  and  regulations  be  not  repugnant  to  the 
laws  of  this  state. 

Sec.  5.  And  be  it  further  enacted,  that  every  commitment 
to  said  house  of  correction  shall  be  by  precept  in  writing ; 
which  precept,  in  all  cases  not  otherwise  provided  for  by  law, 
shall  be  executed  by  the  city  marshal,  the  city  sergeant,  or 
some  one  of  the  constables  of  said  city ;  and  each  commit- 
ment shall  be  entered  by  the  officer  making  the  same  in  a 
book  to  be  provided  by  said  city,  and  kept  at  said  house  for 
that  purpose. 

Sec.  6.  And  be  it  further  enacted,  that  said  house  of  cor- 
rection shall  be  deemed  a  common  jail,  and  the  keeper  there- 
of an  officer,  so  far  as  to  render  applicable  thereto  as  such 
the  provisions  of  the  act  of  the  general  assembly  entitled 
"  An  Act  directing  the  process  upon  writs  of  habeas  corpus." 

Sec  7.  And  be  it  further  enacted,  that  the  mayor,  the 
board  of  aldermen,  the  municipal  court,  the  police  court, 
and  any  one  or  more  of  the  justices  of  the  peace  for  said 
city,  be  and  they  hereby  are  severally  authorized  and  empow- 
ered to  commit  to  the  state's  jail,  in  the  county  of  Provi- 
dence, until  said  house  of  correction  shall  be  estabhshed,  and 
afterwards  to  commit,  at  their  discretion  either  to  said  jail  or 
to  said  house  of  correction,  all  persons  whom  by  this  act,  by 
the  act  of  the  general  assembly  entitled  "  An  Act  to  incorpo- 
rate the  city  of  Providence,"  or  by  any  present  or  future  or- 
dinance of  the  city  council  of  said  city,  passed  in  pursuance 
of  the  provisions  of  said  last  mentioned  act,  they  the  said 
mayor,  board  of  aldermen,  municipal  court,  police  court,  and 
justices  of  the  peace,  now  are  or  hereafter  may  be  authorized 
to  commit,  or  order  to  be  committed  to  prison.  And  the  sev- 
eral persons  who  may  be  committed  to  the  house  of  correc- 
tion aforesaid  shall  be  kept  thereifi  at  hard  labor,  either  in 
solitary  confinement  or  otherwise  ;  or  shall  be  kept  in  solitary 


HOUSE  OF  CORRECTION.  It 

confinement  without  labor ;  or  shall  suffer  solitary  imprison- 
ment without  labor  for  a  part  of  the  time  for  which  they  shall 
be  committed,  and  be  afterwards  kept  at  hard  labor,  either  in 
soHtary  confinement  or  otherwise,  for  the  remainder  of  said 
term,  as  shall  be  prescribed  in  and  by  the  respective  sentences 
or  orders  by  force  of  which  such  person  shall  be  so  commit- 
ted. And  the  several  tribunals  and  magistrates  aforesaid  are 
hereby  required  to  specify  in  and  by  their  said  sentences  and 
orders,  as  well  the  mode  as  the  duration  of  imprisonment : 
provided,  however,  that  no  person  shall  be  condemned  to  sol- 
itary imprisonment  without  labor  for  a  longer  period  than  ten 
days,  for  any  one  offence. 

Sec.  8.  And  he  it  further  enacted,  that  the  city  of  Provi- 
dence shall  be  liable  to  pay  to  the  jailer  of  the  county  of 
Providence  for  the  time  being,  such  sum  for  the  weekly  sup- 
port of  each  and  every  person  committed  to  the  jail  in  said 
county,  under  and  by  virtue  of  any  of  the  provisions  of  this 
act,  as  shall  be  allowed  and  paid  by  the  state,  from  time  to 
time,  for  the  weekly  support  of  each  state  prisoner  in  said 
jail. ' 

Sec.  9.  And  be  it  further  enacted,  that  the  board  of  alder- 
men of  said  city  be  and  they  hereby  are  authorized  to  or- 
der any  person  who  shall  appear,  upon  examination  be- 
fore said  board,  to  have  no  legal  settlement  within  this  state, 
and  who  shall  be  adjudged  by  said  board  to  be  an  unsuitable 
person  to  become  an  inhabitant  of  said  city,  to  depart  from 
and  out  of  said  city,  within  such  time  as  said  board  shall  ap- 
point ;  and  in  case  any  such  person  shall  not  depart  from 
said  city  within  the  time  specified  in  such  order,  or  shall  at 
any  time  after  the  expiration  of  said  specified  period  be  found 
within  said  city,  without  permission  first  had  and  obtained 
from  said  board  of  aldermen,  and  in  case  any  person  legally 
removed  from  said  city  by  order  of  removal  shall  return 
thereto  without  permission  first  had  and  obtained  from  said 
board  of  aldermen,  said  board  of  aldermen  are  further  au- 
thorized ^nd  empowered  to  commit  every  such  person  to 
prison,  for  a  term  not  exceeding  three  months :  provided,  nev- 
ertheless, that  nothing  in  this  act  contained  shall  be  construed 
to  prevent  said  board  of  aldermen  from  proceeding  under  and 
acc<miing  to  the  act  of  the  general  assembly,  entitled  "  An 
Act  in  I  amendment  of  an  act  entitled  an  act  providing  for 
the  relief,  support,  employment  and  removal  of  the  poor,"  in 
any  ease  wherein  they  may  deem  it  expedient,  in  the  same 
manner  and  to  the  same  effect  as  if  this  act  had  not  been 
passed. 
3 


18 


HOUSE  OF  CORRECTION. 


Sec.  10.  And  be  it  further  enacted,  that  all  persons  who, 
being  habitual  drunkards,  are  destitute  and  without  visible 
means  of  support,  or  who  being  such  habitual  drunkards  shall 
abandon,  neglect  or  refuse  to  aid  in  the  support  of  their  fam- 
ilies, and  shall  be  complained  of  by  such  families  ;  all  com- 
mon prostitutes  who  have  no  lawful  employment  whereby  to 
maintain  themselves ;  all  idle  persons  who  being  of  doubtful 
reputation  and  having  no  visible  means  to  maintain  them- 
selves live  without  employment;  all  able  bodied  or  sturdy 
beggars  who  may  apply  for  alms  or  solicit  charity;  all  per- 
sons wandering  abroad,  lodging  in  watch-houses,  out-houses, 
market-places,  sheds,  stables  or  uninhabited  buildings,  or  in 
the  open  air,  and  not  giving  a  good  account  of  themselves  ; 
and  all  persons  who  go  about  from  door  to  door,  or  place 
themselves  in  the  streets,  highways,  passages  or  other  pubhc 
places  within  the  said  city  of  Providence,  to  beg  or  receive 
alms,  shall  be  deemed  vagrants. 

Sec.  1 1 .  And  be  it  further  enacted^  that  all  persons  who 
may  have  actually  abandoned  their  wives  or  children  in  said 
city  of  Providence,  without  adequate  support,  leaving  them 
in  danger  of  becoming  a  charge  upon  the  public,  or  who  may 
neglect  to  provide  according  to  their  means  for  the  support  of 
their  wives  or  children  ;  all  common  prostitutes ;  all  keepers 
of  bawdy  houses,  or  houses  for  the  resort  of  prostitutes, 
drunkards,  tiplers,  gamesters,  or  other  disorderly  persons  ;  all 
persons  who  keep  in  any  public  street,  highway  or  other  pub- 
lic place,  or  in  any  house,  out-house  or  other  building,  or  in 
any  yard,  garden,  or  other  place  possessed,  occupied  or  used 
by  them,  any  cards,  dice-tables,  bowls,  wheel  of  fortune  or 
other  tables,  box,  machine  or  device  for  the  purpose  of  gam- 
ing ;  all  persons  who  go  about  with  such  table,  wheel  or 
other  machine  or  device,  exhibiting  tricks  or  gaming  there- 
with ;  all  persons  who  play  in  any  public  street,  highway  or 
other  public  place,  with  cards,  dice,  or  any  other  instrument 
or  device  for  gaming ;  all  jugglers,  common  showmen  and 
mountebanks,  who  exhibit  or  perform  for  profit  any  puppet- 
show,  wire  or  rope  dance,  or  other  idle  shows,  acts  or  feats, 
in  the  public  streets,  highways  or  other  public  places ;  and  all 
itinerant  musicians  who  perform  in  the  public  streets,  high- 
ways or  other  public  places,  shall  be  deemed  disorderly  per- 
sons. 

Sec.  12.  And  be  it  further  enacted,  that  any  person  who 
shall  be  convicted  before  any  one  or  more  of  the  justices  of 
the  peace  for  said  city  of  Providence,  of  being  a  vagrant,  or 
a  disorderly  person,  may  be  committed  to  prison  by  the  mag- 


HOUSE  OF  CORRECTION. 


19 


istrate  or  magistrates  before  whom  he  or  she  shall  be  so  con- 
victed, for  a  term  not  exceeding  three  months. 

Sec.  13.  And  be  it  further  enacted,  that  any  person  who 
shall  be  intoxicated  under  such  circumstances  as  shall,  in  the 
opinion  of  any  one  or  more  of  the  justices  of  the  peace 
aforesaid,  amount  to  a  violation  of  decency,  may  be  con- 
victed of  such  offence  by  any  such  justice  or  justices,  either 
upon  his  or  their  own  knowledge,  or  upon  complaint  duly 
made  and  supported  by  competent  testimony  ;  and  such  per- 
son so  convicted  may  be  fined  for  such  offence,  in  any  sum 
not  exceeding  five  dollars ;  and  in  default  of  payment  of  such 
fine,  together  with  the  costs  of  prosecution,  such  person  so 
convicted  may  be  committed  to  prison  by  such  justice  or  jus- 
tices, until  said  fine  and  costs  shall  be  paid :  provided,  how- 
ever, that  such  person  shall  not  be  kept  in  imprisonment  for  a 
longer  period  than  ten  days  for  any  one  default. 

Sec.  14.  And  be  it  further  enacted,  that  it  shall  and  may 
be  lawful  for  the  board  of  aldermen  of  said  city  to  liberate 
and  discharge,  at  their  discretion,  any  person  committed  to 
prison  by  order  of  said  board,  before  the  expiration  of  the 
time  for  which  such  person  shall  have  been  committed,  upon 
such  conditions  as  said  board  may  think  proper  ;  and  in  case 
any  person  so  liberated  shall  fail  to  fulfil  the  conditions  pre- 
scribed, said  board  may  recommit  said  person  to  prison,  for 
and  during  the  remaining  portion  of  the  term  of  confinement 
originally  ordered. 

[Sec.  15.  And  be  it  further  enacted,  that  it  shall  and  may 
be  lawful  for  the  city  council  of  said  city  of  Providence  to 
hberate  and  discharge,  at  their  discretion,  any  person  com- 
mitted to  prison  for  the  violation  of  any  ordinance  passed  by 
said  city  council ;  or  who  shall  be  committed  by  any  one  or 
more  of  the  justices  of  the  peace  for  said  city,  under  and  by 
virtue  of  any  of  the  provisions  of  this  act,  notwithstanding 
the  time  for  which  such  person  shall  have  been  committed 
may  not  have  expired,  upon  such  conditions  as  said  city 
council  may  deem  proper ;  and  in  case  any  person  so  libera- 
ted shall  fail  to  fulfil  the  conditions  by  said  city  council  pre- 
scribed, the  court,  magistrate  or  magistrates  by  whose  sen- 
tence such  person  may  have  been  originally  committed,  shall, 
upon  due  proof  of  such  failure,  recommit  such  person  to 
prison,  for  and  during  the  remaining  portion  of  the  term  of 
confinement  originally  ordered.]* 


*  Repealed — see  act  in  amendment. 


20 


HOUSE  OF  CORRECTION.— SPECIAL  CONSTABLES. 


An  Act  in  amendment  of  '^  An  Act  to  authorize  the  city  of 
Providence  to  establish  a  house  of  correction,  and  for  other 


purposes. 


(Passed  October,  1843. 


Section 
1.    Authority  of  mayor  or  board  of  alder- 
men to  liberate  persons  committed. 


Section 
2.    Repeal  of  part  of  former  act. 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  It  shall  be  lawful  for  the  mayor  or  the  board 
of  aldermen  of  the  city  of  Providence  to  liberate  and  dis- 
charge, at  his  or  their  discretion,  any  person  committed  to 
prison  for  the  violation  of  any  ordinance  passed  by  the  city 
council  of  said  city  ;  or  who  shall  be  committed  by  any  one 
or  more  of  the  justices  of  the  peace  for  said  city,  under  and 
by  virtue  of  any  of  the  provisions  of  the  act  of  which  this  is 
in  amendment,  notwithstanding  the  time  for  which  such  per- 
son shall  have  been  committed  may  not  have  expired,  upon 
such  conditions  as  said  mayor  or  board  of  aldermen  may 
deem  proper ;  and  in  case  any  person  so  liberated  shall  fail 
to  fulfil  the  conditions  by  said  mayor  or  board  of  aldermen 
prescribed,  the  court,  magistrate  or  magistrates  by  whose  sen- 
tence such  person  may  have  been  originally  committed,  shall, 
upon  due  proof  of  such  failure,  recommit  such  person  to 
prison  for  and  during  the  remaining  portion  of  the  term  of 
confinement  originally  ordered. 

Sec  2.  The  fifteenth  section  of  the  act  of  which  this  is 
in  amendment  is  hereby  repealed. 


An  Act  concerning  the  appointment  of  ivatchmen  and  special 
constables  in  the  city  of  Providence, 


(Passed  January,  1845.) 


Section 
1.    Watchmen  maybe  appointed  by  may- 
or and  aldermen. 


Section 

2.  Special  constables  may  be  appointed 
by  mayor  or  board  of  aldermen — 
powers  of. 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.     The  mayor  and  aldermen  of  the  city  of  Pro- 
vidence are  authorized  to  appoint  so  many  watchmen  for  said 
city  as  the  city  council  of  said  city  may  deem  expedient ;  who 
shall  hold  their  offices  during  the  pleasure  of  said  board. 
Sec  2.     The   mayor  or  the  board  of  aldermen  of  said 


COURT  OF  MAGISTRATES.  21 

city  are  authorized  to  appoint  special  constables  for  said  city, 
whenever  in  his  or  their  opinion  it  may  be  expedient ;  and 
such  constables  shall  hold  their  offices  for  the  day  on  which 
they  are  appointed  and  the  two  succeeding  days ;  but  they 
shall  not  be  required  to  give  any  bond,  nor  shall  they  be  au- 
thorized to  serve  any  civil  process ;  but  in  all  other  matters 
they  shall  haye  the  same  power  and  authority  as  other  con- 
stables. 


An  Act  to  establish  a  court  of  magistrates  in  the  city  of  Prov- 
idence, 

(Passed  January,  1845.) 


Section 

1.  Court    established — seven  justices — 
how  selected. 

2.  Jurisdiction  of  court. 

3.  City  charter  and  house  of  correction  act 
— powers  given  by  them  continued. 

4.  Proceedings  in  cases  of  examination 
of  persons  charged  with  crimes. 

5.  Persons   refusing  to  recognize  to  be 
committed. 

6.  Proceedings  in  criminal  cases. 

7.  Four  justices  to  form  quorum. 

8.  Court  to  elect  presiding  justice — to 


Section 

10.  Appeals  how  made. 

11.  Clerk  to  be  elected. 

12.  Clerk — duties  of. — Judge  of  supreme 
court  to  examine  record. 

13.  Writs   and  summons   by  whom  sign- 
ed, &c. 

14.  Clerk 'to  receive  fines  and   costs — to 
give  bond — to  make  report. 

15.  Penalty  for  neglect  of  clerk. 

16.  Forms  of  writs — proceedings — powers 
of  court,  similar  to  justices  of  peace. 

17.  Fees  same  as  justices  of  peace, 
establish  seal.                                              18.    Time  for  this  act  to  go  into  operation. 
Court  to  meet    Monday  and    Thurs-    19.    Repeal  of  acts  inconsistent  herewith, 
day,  &c.                                                     I 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1 .  There  shall  be  a  court  in  the  city  of  Provi- 
dence called  the  Court  of  Magistrates,  to  consist  of  seven 
persons,  to  be  annually,  and  from  time  to  time  as  vacancies 
may  occur,  selected  and  appointed  by  the  city  council  of  said 
city,  in  convention,  out  of  the  justices  of  the  peace  for  said 
city,  appointed  by  the  general  assembly,  or  elected  by  the 
city  of  Providence ;  and  no  member  of  said  court  shall  be 
retained  or  act  in  any  way  as  counsel  in  any  cause  pending 
before  the  same. 

Sec.  2.  The  said  court  shall  have  exclusively  the  same 
jurisdiction  in  all  civil  actions,  and  in  all  criminal  cases  and 
proceedings  in  said  city,  as  is  or  may  be  given  by  law  to  jus- 
tices of  the  peace  in  other  towns,  except  as  provided  in  the 
third  section  of  this  act ;  and  shall  have  jurisdiction  over  no 
other  matters,  causes  or  proceedings. 

Sec.  3.  The  powers  given  to  the  mayor,  board  of  alder- 
men, city  council,  municipal  court,  police  court,  or  to  any  one 
or  more  of  the  justices  of  the  peace  of  the  city  of  Provi- 
dence, by  the  act  entitled  "  An  Act  to  incorporate  the  city  of 


22  COURT  OF  MAGISTRATES. 

Providence,"  or  by  the  act  entitled  "  An  Act  to  authorize 
the  city  of  Providence  to  estabhsh  a  house  of  correction  and 
for  other  purposes,"  and  the  acts  in  addition  to  and  in  amend- 
ment thereof,  may  continue  to  be  exercised  by  them  severally. 
And  the  court  hereby  established,  and  each  of  the  members 
thereof,  may  have  and  exercise,  concurrently  vy^ith  one  or  more 
justices  of  the  peace  of  said  city,  the  power  and  jurisdiction 
given  to  said  justices  of  the  peace  by  said  last  mentioned  act. 

Sec.  4.  Whenever  any  person  is  brought  before  said 
court  charged  with  an  offence,  the  punishment  whereof  is  by 
law  beyond  the  jurisdiction  of  said  court,  or  is  so  placed 
within  the  discretion  of  the  court  trying  him  that  it  may  or 
may  not  exceed  the  jurisdiction  of  the  court,  the  said  court 
may  proceed  to  an  examination,  and  bind  him  by  recogni- 
zance, with  surety  or  sureties  in  such  sums  as  they  think  pro- 
per, to  appear  at  the  next  term  of  the  supreme  court  or  court 
of  common  pleas,  in  the  county  of  Providence,  and  not  to 
depart  therefrom  without  leave,  and  in  the  mean  time  to  be 
of  good  behavior  arid  keep  the  peace ;  or  if  the  case  be 
within  their  jurisdiction  according  to  the  discretion  aforesaid, 
may  proceed  to  a  trial  of  such  person,  and  if  he  be  found 
guilty  may  sentence  him  to  a  punishment  within  their  power 
to  inflict ;  or  should  they  deem  such  punishment  inadequate 
to  the  oflence  may  bind  him  by  recognizance,  with  surety  or 
sureties  as  aforesaid. 

Sec.  5.  Any  person  refusing  to  give  recognizance  when 
required  by  said  court  shall  be  committed  to  the  county  jail 
in  said  county,  until  such  recognizance  be  given,  or  he  oth- 
erwise be  lawfully  discharged  therefrom. 

Sec  6.  The  proceedings  in  all  criminal  cases  in  said 
court  shall  be  commenced  by  complaint  and  warrant  in  the 
manner  provided  by  law  for  the  commencement  of  criminal 
cases  before  justices  of  the  peace  in  other  towns.  And  the 
warrant  shall  be  signed  by  one  of  the  members  of  said  court ; 
and  any  justice  of  said  court  is  authorized  and  empowered  to 
take  the  recognizance  of  any  person  apprehended  upon  such 
complaint  and  warrant,  for  his  appearance  at  the  time  of  the 
next  res^ular  meeting  of  said  court ;  and  in  default  of  such 
recognizance  being  given,  to  commit  the  person  so  appre- 
hended to  the  jail  in  said  county,  there  to  remain  until  the 
next  court  day,  or  until  such  recognizance  be  given,  or  he  be 
otherwise  lawfully  discharged  therefrom  :  and  either  of  said 
justices  is  hereby  empowered  to  sign  a  mittimus  for  that  pur- 
pose :  and  the  justice  taking  said  recognizance  shall  be  en- 


COURT  OF  MAGISTRATES.  23 

titled  to  the  same  fees  therefor  as  if  the  same  were  taken  to 
a  higher  court. 

Sec.  7.  Any  four  of  the  members  of  said  court  shall  be  a 
quorum ;  but  any  one  in  the  absence  of  the  others  may  ad- 
journ the  court. 

Sec.  8.  Said  court  may  annually,  or  oftener  if  occasion 
require,  elect  one  of  its  members  as  presiding  justice  thereof; 
and  shall  have  power  to  adopt  a  seal  for  said  court. 

Sec.  9.  Said  court  shall  meet  on  the  Monday  and  Thurs- 
day of  each  week,  and  may  meet  on  such  other  days,  either 
originally  or  by  adjournment,  as  they  may  think  proper.  And 
any  action,  complaint  or  other  proceeding  therein,  whether 
of  a  civil  or  criminal  nature,  may  be  adjourned  to  the  next 
or  some  future  session  of  the  court. 

Sec.  10.  Appeals  from  the  judgment  of  said  court  may 
be  made  in  the  same  manner  as  is  or  may  be  by  law  provided 
for  appeals  from  judgments  rendered  by  justices  of  the  peace. 

Sec.  11.  Said  court  shall  annually  elect  one  of  its  mem- 
bers as  the  clerk  thereof;  and  in  case  of  his  death,  absence 
or  inabihty  to  perform  the  duties  of  his  office,  they  may  ap- 
point from  their  own  members  another  clerk,  either  pro  tem- 
pore, or  for  the  remainder  of  the  year,  as  the  case  may  re- 
quire. 

Sec.  12.  It  shall  be  the  duty  of  the  clerk  to  keep  a 
docket  of  all  actions,  complaints  or  proceedings,  either  of  a 
civil  or  criminal  nature,  that  may  be  entered  or  had  in  said 
court ;  and  to  note  on  the  same,  against  each  case,  the  judg- 
ment therein  or  determination  thereof,  and  in  all  criminal  ca- 
ses the  fine  or  imprisonment  to  which  the  defendant  may  be 
sentenced.  He  shall  also  record  the  judgments  and  proceed- 
ings of  said  court  in  a  book  to  be  kept  for  that  purpose  ;  and 
tax  the  costs  in  all  cases,  civil  and  criminal,  in  said  court,  and 
subject  to  the  revision  of  the  court.  One  of  the  justices  of 
the  supreme  court  shall  certify  at  each  May  session  of  the 
general  assembly,  whether  the  records  have  been  faithfully  and 
fully  kept  and  made  up  by  the  clerk ;  and  in  case  the  said 
clerk  shall  not  have  recorded  the  judgments  and  proceedings 
of  said  court,  the  said  clerk  shall  be  inehgible  to  hold  the 
office  of  a  justice  of  said  court. 

Sec.  13.  Original  writs  in  civil  cases  returnable  to  said 
court  shall  be  signed  by  the  clerk  thereof,  under  the  seal  of 
said  court,  in  blank  or  otherwise,  and  bear  teste  of  the  pre- 
siding justice  of  said  court.  Summonses  to  witnesses  in  ca- 
ses before  said  court  may  be  signed  by  the  clerk,  or  any  of 
the  members  of  said  court ;  and  all  other  executions  or  other 


24  COURT  OF  MAGISTRATES. 

process  issuing  from  said  court,  whether  in  civil  or  criminal 
cases,  shall  be  signed  by  the  clerk,  under  the  seal  of  said 
court,  and  shall  bear  teste  of  the  presiding  justice  thereof. 

Sec.  14.  The  clerk  of  said  court  shall  receive  all  fines 
and  costs  in  criminal  cases  that  may  be  paid  in  pursuance  of 
any  judgment  or  sentence  thereof,  and  shall  pay  to  the  wit- 
nesses and  other  persons  entitled  thereto  their  several  por- 
tions of  said  costs ;  and  shall  give  bond  with  sufficient  surety 
to  the  general  trcEisurer,  to  be  by  him  approved,  in  the  sum  of 
one  thousand  dollars ;  which  bond  shall  be  upon  the  condition 
following,  viz.,  faithfully  to  discharge  the  duties  of  his  office 
according  to  law,  and  seasonably  to  record  the  judgments  and 
determinations  of  said  court,  and  to  pay  over  to  the  general 
treasurer  the  fines  received,  and  to  the  witnesses  and  other 
persons  entitled  thereto  their  several  portions  of  the  costs  re- 
ceived by  him,  and  once  in  three  months  to  pay  over  to  the 
general  treasurer  all  sums  due  to  such  witnesses  or  other  per- 
sons which  shall  have  remained  unclaimed  for  the  space  of 
three  months.  He  shall,  on  the  first  Tuesday  in  May  and  No- 
vember of  each  year,  make  a  report  in  writing  to  the  gen- 
eral treasurer  of  all  the  fines  received  by  him,  and  shall  at 
the  same  time  send  to  the  general  treasurer  a  copy  of  so 
much  of  the  docket  of  said  court  as  shall  be  necessary  to 
give  him  full  information  of  all  the  criminal  cases  and  pro- 
ceedings in  said  court,  of  the  judgments  rendered  therein, 
and  of  all  the  fines  and  costs  received  by  said  clerk. 

Sec.  15.  For  any  wilful  neglect  of  said  clerk  to  make 
such  repor^  or  to  send  a  copy  of  said  docket,  or  to  pay  over 
the  fines  by  him  received,  as  is  required  in  the  preceding  sec- 
tion, he  shall  forfeit  and  pay  the  sum  of  fifty  dollars  for  each 
offence,  and  also  double  the  amount  of  the  fines  received  by 
him  and  not  paid  over  as  aforesaid ;  to  be  recovered  by  in- 
dictment in  any  court  of  competent  jurisdiction. 

Sec  16.  The  form  of  writs  in  civil  cases  returnable  to 
said  court  shall  be  substantially  the  same  as  those  returnable 
to  justices'  courts ;  and  all  the  proceedings  in  said  court,  in 
the  hearing,  trial  and  determination  of  all  actions  or  com- 
plaints pending  before  them,  and  in  all  matters  relating  there- 
to, shall  be  substantially  the  same  as  the  proceedings  in  like 
cases  before  justices  of  the  peace.  And  the  said  court  shall 
have  all  such  powers  as  may  be  necessary  or  proper  for  the 
discharge  of  their  duty  in  the  same  manner  as  justices  of  the 
peace  might  do  in  the  hke  cases. 

Sec.  17.  The  said  court  shall  be  allowed  the  same  fees 
that  are  or  may  be  by  law  allowed  to  justices  of  the  peace  in 


COURT  OF  MAGISTRATES— REMOVAL  OF  POOR. 


25 


similar  cases.  Such  fees  shall  be  divided  equally  between 
them,  or  in  such  manner  as  they  may  agree. 

Sec.  18.  This  act  shall  go  into  operation  on  the  first 
Monday  of  June  next,  but  nothing  herein  contained  shall  be 
construed  to  hinder  or  prevent  any  justice  of  the  peace  in 
the  city  of  Providence  from  proceeding  in  hearing  or  de- 
termining and  issuing  execution  in  any  suit,  civil  or  criminal, 
then  or  for  ten  days  thereafter  by  him  commenced,  or  which 
may  be  pending  before  him,  in  the  same  manner  as  if  this  act 
had  not  been  passed. 

Sec.  19.  All  acts  and  parts  of  acts  relating  to  justices 
of  the  peace,  so  far  as  inconsistent  herewith,  are  hereby 
repealed. 


An  Act  in  amendment  of'^An  Act  providing  for  the  relief,  sup- 
port, employment  and  removal  of  the  poor, 

(Passed  July  1,  1842.) 


Section 
1.   Mayor  to  have  power  to  remove,  &c. 
pauper. 


Section 
2.    Warrants,  &c.,  to  be  signed  by  mayor 
and  sealed  with  city  seal. 


Be  it  enacted  by  the  General  Assembly,  as  follows : 

Section  1.  The  mayor  of  the  city  of  Providence  shall 
have  the  same  power  and  authority  that  the  board  of  alder- 
men of  said  city  have,  to  receive  complaints  made  by  the 
overseers  of  the  poor  in  said  city,  concerning  any  person  not 
legally  settled  therein ;  to  command  such  person  to  be  brought 
before  him  for  examination,  and  him  or  her  to  examine,  and 
at  his  discretion  to  command  to  depart  from  said  city ;  to  fine, 
bind  out,  commit  to  prison,  or  order  to  be  removed  to  the 
place  of  his  or  her  last  settlement. 

Sec.  2.  All  warrants,  indentures,  commitments  or  orders 
of  removal,  made  under  the  authority  of  this  act,  shall  be 
signed  by  the  mayor  by  whom  they  are  made,  and  sealed  with 
the  seal  of  said  city  ;  and  shall  be  executed  in  the  same  man- 
ner as  are  warrants,  indentures,  commitments  or  orders  of 
removal  made  by  the  board  of  aldermen  of  said  city. 


26 


HIGHWAYS. 


An  Act  in  addition  to  an  act,  entitled 

highway s.^^ 


An  Act  for  laying  out 


(Passed  1821.) 


Section 
1.    Highways   may  be  laid  out  in  Provi- 
dence, upon  petition. 


Section 
2.   Town  not  obliged  to  repair  them  until 
specially  ordered  by  town  council. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  when  any  petition  or 
petitions  shall  be  preferred  to  the  town  council  of  the  town 
of  Providence,  by  the  owner  or  owners  of  any  land  holden 
in  fee  simple  in  said  town,  praying  that  a  public  highway  or 
highways  may  be  laid  out  through  his,  her  or  their  said  land, 
without  any  damages  to  be  awarded  to  him,  her  or  them,  and 
that  said  town  shall  not  be  obliged  to  be  at  any  expense  for 
repairing  said  public  highway  or  highways,  until  said  town 
council  shall  afterwards  decree  that  the  same  shall  be  repaired 
at  the  expense  of  said  town,  the  said  town  council  shall  have 
power  and  authority  to  cause  such  highway  or  highways  to  be 
laid  out,  established,  confirmed  and  opened,  in  the  same  way 
and  manner  as  is  provided  by  the  act  to  which  this  is  in  addi- 
tion. 

Sec.  2.  And  be  it  further  enacted,  that  the  said  town  of 
Providence  shall  not  be  liable  or  obUged  to  repair  such  high- 
way or  highways  so  laid  out,  established  and  opened,  accord- 
ing to  this  act,  until  the  said  town  council  shall  order  and  de- 
cree that  the  same  shall  be  repaired  at  the  expense  of  said 
town,  in  the  same  way  and  manner  as  other  highways  in  said 
town. 


An  Act  declaring  certain  private  streets  and  gangways  in  the 
town  of  Providence,  in  the  county  of  Providence,  to  be  pub- 
lic highways, 

(Passed  January  22,  1822.) 


Section 
1.    Certain  streets  declared  to  be  public 
highways. 


Section 
2.    W^hen  to  be  repaired. 


Whereas  PhiHp  Crapo,  Thomas  Burgess  and  Benjamin 
Hoppin,  all  of  Providence,  in  the  county  of  Providence,  to- 
gether with  Benjamin  Clifford  and  Samuel  Y.  Atwell,  execu- 


HIGHWAYS.  ?*? 

tors  of  the  last  will  and  testament  of  Amos  M.  Atwell,  late  of 
said  Providence,  deceased,  have  preferred  their  petition  to  this 
general  assembly,  setting  forth  that  the  said  Philip  Crapo, 
Thomas  Burgess,  Benjamin  Hoppin  and  Amos  M.  Atwell 
were  heretofore  seized  and  possessed  of  two  tracts  of  land, 
situate  in  the  westerly  part  of  said  Providence,  and  adjoining 
each  other^  and  which  are  named  and  described  in  one  deed 
from  Hetty  Atwell,  to  them  and  Sullivan  Moulton,  dated  on 
the  28th  day  of  September,  1808,  and  recorded  in  said  Prov- 
idence, in  book  number  thirty,  and  pages  four  hundred  and 
thirty-six  and  four  hundred  and  thirty-seven  ;  and  one  deed 
from  Richard  Jackson,  Jr.  to  the  same  persons,  dated  on  the 
same  day,  and  recorded  in  the  same  book,  in  pages  four  hun- 
dred and  thirty-seven  and  four  hundred  and  thirty-eight  ; 
which  lands  they  the  said  Philip  Crapo,  Thomas  Burgess, 
Benjamin  Hoppin  and  Amos  M.  Atwell  laid  out  and  platted 
into  lots,  streets  and  gangways,  and  caused  the  plat  thereof  to 
be  recorded  in  the  same  book,  between  pages  four  hundred 
and  thirty-nine  and  four  hundred  and  forty  ;  and  praying  that 
the  same  streets  and  gangways  may  be  declared  and  made 
public  streets ;  which  petition  has  been  approved  by  said 
town:  therefore — 

Section  1 .  Be  it  enacted  by  the  General  Assembly,  and 
by  the  authority  thereof  it  is  enacted,  that  all  of  said  streets 
and  gangways  which  are  laid  out  on  or  through  said  two 
tracts  of  land,  and  which  are  delineated  on  the  record  of  said 
plat,  shall  be  and  the  same  are  hereby  made  and  declared  to 
be  public  highways,  to  all  intents  and  purposes  ;  and  that  all 
persons  who  shall  make,  erect  or  continue  any  obstruction, 
encroachment  or  nuisance  on  any  of  said  highways  shall  be 
liable  to  prosecution  by  indictment  therefor. 

Sec.  2.  Provided,  however,  and  be  it  further  enacted,  that 
the  said  town  of  Providence  shall  not  be  liable  to  repair  said 
highways,  until  the  town  council  of  said  town  shall  resolve  or 
decree  that  it  is  proper  for  the  town  to  repair  the  same. 


An  Act  concerning  the  establishment  of  highways  in  the  city 

of  Providence, 

(Passed  January,  1843.) 


Section 

1.  Highways  may  be  laid  out  on  petition. 

2.  Highways,  plats  of  which  have  been 
recorded,  may  be  established. 

3.  Highways  may  be  laid  out  by  vote  of 
mayor   and    aldermen,   where  parties 
living  in  the  state  assent,  and   adver-  |  way 
tisement  is  duly  published. 


Section 

4.  Highway  may  be  laid  out  on  petition 
of  parties  living  in  the  state,  if  plat 
have  been  recorded. 

5.  Land  used  as  a  highway  for  twenty 
years  may  be    declared   public  high- 


28 


HIGHWAYS. 


Be  it  enacted  by  the  General  Assembly,  as  follmvs  : 

Section  1.  Whenever  any  owner  or  owners  of  land  in 
the  city  of  Providence  shall  present  to  the  mayor  and  alder- 
men of  said  city  their  petition,  praying  that  a  street  or  high- 
way be  established  upon  their  land,  it  shall  be  lawful  for  said 
mayor  and  aldermen  to  establish  such  street  or  highway,  by 
declaring  it  to  be  a  pubhc  highway,  and  ordering  it  to  be  re- 
corded as  such  ;  which,  when  so  established,  shall  be  a  public 
highway  to  all  intents  and  purposes. 

Sec.  2.  Whenever  the  owners  of  any  land  in  said  city, 
adjacent  to  any  land  in  said  city  which  has  been  surveyed, 
marked  out  and  platted  as  a  street  or  highway,  the  plat  there- 
of recorded  in  the  records  of  said  city,  shall  present  their  pe- 
tition to  said  mayor  and  aldermen,  praying  that  such  street 
or  highway  may  be  estabHshed  as  a  public  highway,  it  shall 
be  lawful  for  said  may  or  and  aldermen  so  to  establish  the  same, 
in  manner  as  provided  in  the  first  section  of  this  act ;  which, 
when  so  established,  shall  be  a  public  highway  to  all  intents 
and  purposes. 

Sec.  3.  Whenever  said  mayor  and  aldermen  deem  it  ex- 
pedient that  any  street  or  highway  shall  be  laid  out  and  estab- 
lished in  said  'city,  and  all  the  owners  of  the  land  proposed 
to  be  taken  therefor  who  reside  in  this  state  shall  give  their 
consent  in  writing  that  such  street  or  highway  shall  be  laid 
out  and  established,  the  said  mayor  and  aldermen  shall  cause 
notice  to  be  given  to  all  persons  interested  living  out  of  the 
state,  by  advertisement  at  least  once  a  week  for  three  succes- 
sive months  in  one  of  the  newspapers  printed  in  said  city, 
stating  the  time  when  the  laying  out  and  establishing  such 
highway  will  be  considered  by  said  mayor  and  aldermen  ; 
and  if  at  such  time  no  person  interested  shall  appear  to  ob- 
ject thereto,  it  shall  be  lawful  for  said  mayor  and  aldermen  to 
lay  out  and  establish,  in  manner  as  provided  in  the  first  sec- 
tion of  this  act,  such  street  or  highway  ;  which,  when  so  laid 
out  and  established,  shall  be  a  public  highway  to  all  intents 
and  purposes. 

Sec.  4.  Whenever  all  the  persons  hving  in  this  state  who 
own  land  adjacent  to  any  land  in  said  city  which  may  have 
been  surveyed,  marked  out  and  platted  as  a  street  or  highway, 
and  the  plat  thereof  recorded  in  the  records  of  said  city,  shall 
present  to  said  mayor  and  aldermen  their  petition,  praying 
that  such  street  or  highway  may  be  established  as  a  public 
highway,  it  shall  be  lawful  for  said  mayor  and  aldermen  to 
proceed  and  give  notice  to  all  persons  interested  hving  out  of 
the  state,  by  advertisement  in  the  manner   provided  in  the 


HIGHWAYS. 


29 


third  section  of  this  act ;  and  if  no  person  interested  shall  ap- 
pear to  object,  it  shall  be  lawful  for  said  mayor  and  aldermen 
to  establish,  in  manner  as  provided  in  the  first  section  of  this 
act,  such  street  or  highway  as  a  pubUc  highway  ;  which,  when 
so  established,  shall  be  a  pubUc  highway  to  all  intents  and 
purposes. 

Sec.  5.  The  act  entitled  "  An  act  in  amendment  of  an 
act  entitled  an  act  for  laying  out  highways,"  passed  at  the 
January  session,  A.  D.  1829,  is  hereby  declared  to  be  inop- 
erative and  of  no  effect  in  the  city  of  Providence  ;  and  it 
shall  hereafter  be  lawful  for  the  mayor  and  aldermen  of  said 
city  to  declare  any  land  that  has  been  quietly,  peaceably  and 
actually  used  and  improved  for  twenty  years  as  a  public  street 
or  highway,  to  be  a  public  highway,  as  by  the  seventh  sec- 
tion of  the  "  Act  for  laying  out  highways,"  town  councils 
were  authorized  to  do  prior  to  the  passage  of  the  before 
named  act. 


An  Act  concerning  side-walks  in  the  town  of  Providence, 

(Passed  1821.) 


Section 

1.  Sidewalks  to  be  repaired  by  owners  of 
adjoining  lands. 

2.  Commissioners  to  be  appointed — pow- 
er.— This  power  is  now  exercised  by 
the  street  commissioners. 


Section 

3.  Owners  to  be  notified  to  make  re- 
pairs.— Proceedings  in  case  of  neg- 
lect. 

4.  Repairs  to  be  done  under  inspection 
of  surveyor  of  highways. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  from  and  after  the  pass- 
ing of  this  act,  the  side-walks  in  the  streets  and  highways  in 
the  town  of  Providence  shall  be  built,  altered  and  repaired  at 
the  expense  of  the  owners  of  the  adjoining  lands,  in  the  way 
and  manner  hereinafter  provided. 

Sec.  2.  And  be  it  further  enacted,  that  the  freemen  of 
said  town,  at  their  annual  election  of  town  officers,  shall  ap- 
point three  of  their  number,  who  shall  be  called  commission- 
ers of  side-walks,  and  who  shall  have  power  and  authority, 
and  whose  duty  it  shall  be  to  superintend,  order  and  direct 
the  manner  of  building,  altering  and  amending  the  side-walks, 
and  to  order  and  determine  of  what  height  and  width  the 
same  shall  be,  and  of  what  materials  the  walks  shall  be  com- 
posed, and  how  and  with  what  secured  and  finished ;  with 
power  to  alter  and  improve  those  already  made,  in  such  way 


30  ^IDE-WALKS. 

and  manner  as  they  think  the  pubUc  convenience  requires ; 
to  build  or  alter  any  wall  on  any  lot  adjoining  the  street,  and 
to  remove  any  steps,  posts,  cellar-doors  or  other  obstructions 
in  the  side-v^^alks. 

Sec.  3.     And   be  it  further   enacted,  that  v^^hen  the  said 
commissioners  shall  have  determined  in  what  manner,  and 
of  what  materials,  and  within  what  time,  any  new  side-walk 
shall  be  made,  or  in  what  manner  and  within  what  time  any 
old  side-walk  shall  be  altered  and  improved,  they  shall  cause 
written  or  printed  notice  thereof  to  be  personally  given  to  the 
owner  of  the  adjoining   lot,  if  residing  within  the   town  of 
Providence,    particularly    describing   the   materials,    width, 
height  and  manner  the  side-walk  shall  be  built,  or  the  altera- 
tion to  be  made  ;  but  if  the  owner  shall  not  reside  in  said 
town,  then  the  notice  shall  be  given  to  the  tenant  in  posses- 
sion ;  but  if  no  tenant  shall  be  in  possession,  then  the  same 
shall  be  published  in  one  of  the  newspapers  for  the  town  of 
Providence,  for  three  successive  weeks ;  at  the  expiration  of 
the  time  so  hmited  by  the  commissioners,  if  the  work  shall 
not  have  been  performed  or  proceeded  in  according  to  the 
directions  of  the  said  commissioners,  they  shall,  in  their  dis- 
cretion,  order  the   surveyor  of  the  highways  for  the  time 
being  to  proceed  at  the  expense  of  the  town,  and  execute  the 
directions  so  by  them  given  to  the  owner ;  a  copy  of  which 
order  shall  be  by  them  given  to  said  surveyor ;  and  when  the 
same  shall  be  by  him  accomplished,  it  shall  be  the  duty  of 
the  commissioners  to  certify  the  expenses  thereof  to  the  as- 
sessors of  taxes  for  said  town,  together  with  ten  per  cent, 
in  addition  thereto,  to  cover  the  interest,  cost  of  assessing 
and  collection  ;  and  the  said  sum  so  certified  shall  be  by  the 
assessors  added  to  the  tax  of  the  owner  of  such  adjoining  lot, 
so  neglecting  as  aforesaid ;  which  proceedings  shall  be  con- 
clusive ;  and  the  said  owner  with  his  estate  shall  be  responsi- 
ble therefor,  in  the  same  manner  as  for  other  taxes. 

Sec.  4.  And  be  it  further  enacted,  that  any  side-walk 
which  may  be  hereafter  built,  altered  or  repaired  by  the  own- 
er of  the  adjoining  lot,  shall  be  done  under  the  inspection  of 
the  surveyor  of  the  highways  for  the  time  being,  and  in  pur- 
suance of  the  directions  given  by  the  commissioners  afore- 
said for  that  purpose  :  and  that  until  the  next  annual  election 
of  town  officers,  Edward  Carrington,  Charles  Dyer  and  Dex- 
ter Thurber  be  and  they  are  hereby  appointed  commissioners 
of  side-walks,  and  authorized  and  required  to  carry  this  act 
into  full  effect. 


SIDE-WALKS. 


31 


An  Act  in  addition  to  an  act,  entitled  ^'An  Act  concerning 
side-walks  in  the  town  of  Providence, ^"^ 

(Passed  October  29,  1823.) 


Section 
1.    Corporations  not  liable  to  taxation  to 
repair  side-walk. 


Section 
2.   Proceedings  in  case  of  neglect. 


Section  1 .  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  the  several  societies 
owning  real  estate  in  said  Providence  shall  be  Hable  to  the 
same  regulations  as  private  individuals  are  liable,  by  the  act  to 
which  this  act  is  in  addition  ;  notwithstanding  they  may  be 
exempt  from  taxation  in  other  respects  ;  notice  being  given, 
as  is  required  in  the  third  section  of  said  act,  to  the  treasurer 
of  any  such  society. 

Sec.  2.  And  be  it  further  enacted,  that  if  any  society 
shall  refuse  to  lay  or  repair  their  side-walks,  after  being  noti- 
fied as  is  required  by  the  act  to  which  this  is  in  addition,  then 
the  commissioners  may  proceed  as  in  other  cases  provided  by 
law ;  and  after  it  is  finished  they  shall  certify  the  expenses 
thereof,  with  ten  per  cent,  addition,  as  in  other  cases,  to  the 
assessors  of  taxes  in  said  town  ;  which  sum,  so  certified,  shall 
be  collected  of  said  society,  in  the  same  manner  as  is  provi- 
ded by  law  for  collecting  taxes. 


An  Act  in  amendment  of  an  act  entitled  "  An  Act  concerning 
side-walks  in  the  town  of  ProvidenceJ^^ 


(Passed  January  18,  1841.) 


Section 
1.    Second    section 
pealed  in  part. 


I  Section 
of   former   act    re-  |    2.  Powers   of  side-walk   commissioners 
j  vested  in  city  council,  or  officers  ap- 

I  pointed  by  them. 


Be  it  enacted  by  the  General  Assembly,  as  follows: 

Section  1.  So  much  of  the  second  section  of  the  act  to 
which  this  is  in  amendment  as  requires  the  annual  appointment 
of  three  commissioners  of  side-walks  is  hereby  repealed. 

Sec  2.  All  the  powers  given  by  said  act  to  the  side-walk 
commissioners  shall,  after  the  first  Monday  of  June  next,  be 
vested  in  the  city  council  of  the  city  of  Providence,  or  in 
case  of  the  death  or  resignation  of  the  present  side-walk 
commissioners,  then  the  said  powers  shall  be  forthwith  vested 


32 


RIDING. 


in  said  city  council ;  and  the  said  city  council  is  hereby  au- 
thorized, either  by  a  committee  of  their  own  body  or  by  any 
person  or  persons  appointed  by  them,  to  proceed  in  the  same 
manner  and  with  the  same  powers  as  are  granted  to  the  side- 
walk commissioners,  in  and  by  the  said  act  to  which  this  is  in 
amendment. 


An  Act  authorizing  the  town  council  of  the  town  of  Providence 
to  prevent  the  passing  of  carriages  through  the  streets  adja- 
cent to  the  houses  of  public  worship  in  said  town  on  Sundays, 
during  the  time  of  divine  service. 

(Passed  1815.) 

Section  |  Section 

1.   Town   council  to  have  power  to  pre-  day  through  certain  streets, 

vent  carriages  from  passing  on  Sun-  |    2.   Penalty. 

Section  1 .  Be  it  enacted  by  the  General  Assembly,  and  by  the 
authority  thereof  it  is  enacted,  that  the  town  council  of  the 
town  of  Providence  be  and  they  are  hereby  authorized  and 
empowered  to  adopt  and  carry  into  execution  such  measures 
as  they  may  deem  proper  to  prevent  the  passing  of  carriages 
through  the  streets  adjacent  to  the  houses  of  public  worship 
in  said  town  on  Sundays,  during  the  time  of  divine  service. 

Sec.  2.  And  be  it  further  enacted,  that  every  person  who 
shall  wilfully  violate  any  such  regulation  adopted  by  the  said 
town  council  shall  forfeit  and  pay  the  sum  of  ten  dollars,  to 
and  for  the  use  of  the  said  town  of  Providence,  to  be  recov- 
ered in  an  action  of  debt,  in  the  name  of  the  town-treasurer, 
before  any  court  proper  to  try  the  same. 


An  Act  to  prevent  excessive  riding  in  any  of  the  places  therein 

mentioned. 

(Digest  of  1844.) 


Section 
1.   Penalty  for  excessive  riding  in  certain 
towns. 


Section 

2.    Parts  of  East-Greenwich   and    War- 
wick included,  defined. 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.     If  any  person  shall  ride  faster  than  a  com- 
mon travelling  pace,  in  any  of  the  streets  of  the  town  of 


WEYBOSSET  BRIDGE.— HARBOR  AND  PUBLIC  WATERS.        33 

Newport  or  Providence,  or  in  such  parts  of  the  towns  of 
Warwick  and  East-Greenwich  as  are  herein  after  described  ; 
or  in  the  compact  part  of  the  towns  of  Bristol  or  Warren  ; 
or  in  that  part  of  North-Providence  called  Pawtucket ;  or  in 
that  part  of  South-Kingstown  called  Kingston ;  or  in  that  part 
of  Warwick  called  Apponaug;  or  in  that  part  of  North- 
Kingstown  called  Wickford ;  or  in  that  part  of  Warwick  and 
Cranston  called  Pawtuxet ;  such  person  shall  pay  as  a  fine 
the  sum  of  two  dollars  for  every  offence ;  one  half  thereof  to 
the  informer,  and  the  other  half  to  and  for  the  use  of  the  town 
where  such  offence  shall  be  committed ;  to  be  recovered  upon 
complaint  thereof  made  before  any  one  justice  of  the  peace 
in  the  town  where  the  offence  shall  be  committed,  with  costs, 
unless  justifiable  cause  for  such  riding  shall  be  made  to  ap- 
pear before  such  justice  of  the  peace  who  shall  try  the  same; 
which  trial  and  judgment  thereon  shall  be  final. 

Sec.  2.  The  part  of  the  towns  of  East-Greenwich  and 
Warwick,  first  mentioned,  where  such  excessive  riding  is  by 
this  act  prohibited,  hereby  is  declared  to  extend  from  the 
house  of  the  late  Rufus  Greene,  in  said  East-Greenwich, 
unto  the  house  of  the  late  Gideon  Casey,  in  Warwick. 


An  Act  to  prevent  damage  being  done  to  Weyhosset  Bridge^  in 

Providence, 

(Digest  of  1844) 

Penalty  for  fastening  vessel  to  Weybosset  Bridge. 

It  is  enacted  by  the  General  Assembly,  as  follows : 

Whosoever  shall  fasten  any  vessel  to  any  part  of  Weybos- 
set bridge  shall  forfeit  and  pay  the  sum  of  twenty  dollars  for 
every  offence  ;  to  be  recovered  by  the  city  treasurer  of  Prov- 
idence, for  the  time  being,  in  an  action  of  debt  before  any 
justice  of  the  peace  in  said  city,  to  and  for  the  use  of  said 
city. 


An  Act  relative  to  the  harbor  and  public  waters  of  the  town  of 

Providence, 

(Passed  1822.) 


Section 

1.  Town  may  prevent  encroachment. 

2.  Boundaries  of  harbor  established. 

3.  Penalty  for  encroaching. 

5 


Section 

4.   Penalty  for  violating  town  regulations 
in  relation  to  harbor. 


34 


HARBOR  AND  PUBLIC  WATERS. 


Sectfon  1 .  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  the  town  of  Providence 
be  and  the  said  town  hereby  is  authorized  and  empowered  to 
prevent  encroachments  or  obstructions  in  the  harbor  of  said 
town,  in  the  cove  above  the  bridge,  and  in  the  other  pubUc 
waters  thereof ;  and  to  make  such  laws,  rules  and  regulations 
for  the  preservation  of  said  harbor,  cove  and  waters,  from  en- 
croachments and  obstructions,  as  said  town  shall  think  proper 
from  time  to  time  to  make  and  enact. 

Sec.  2.  And  be  it  further  enacted,  that  the  proceedings 
of  said  town,  on  the  thirteenth  and  twenty-fourth  days  of  July, 
and  the  twenty-ninth  day  of  August,  A.  D.  1815,  relative  to 
the  defining  and  ascertaining  the  bounds  of  said  harbor,  be 
approved  and  estabhshed,  and  the  boundaries  and  lines  men- 
tioned and  described  in  the  report  of  the  committee  be  and 
the  same  are  hereby  established,  except  only  that  the  course 
from  a  stake  at  Simmons'  wharf,  to  the  bluff  near  the  south- 
east corner  of  John  Corlis'  farm,  stated  to  be,  in  said  report, 
south  fifteen  and  a  half  degrees  east,  be  corrected,  according 
to  the  plat  made  by  said  committee,  to  the  course  of  south 
nine  and  a  half  degrees  east. 

Sec  3.  And  be  it  further  enacted,  that  if  any  person  or 
persons  shall  encroach  upon  any  part  of  the  said  harbor,  as 
defined,  ascertained  and  estabhshed  in  and  by  the  next  pre- 
ceding section  of  this  act,  by  erecting  or  placing  therein  any 
wharf,  building  or  other  fixed  obstruction,  or  neglecting  to 
keep  in  good  repair  any  wharf  or  lot  adjoining  the  harbor, 
for  the  preservation  of  the  channel,  he,  she  or  they  so  offend- 
ing shall  forfeit  and  pay  a  sum  not  less  than  fifty  nor  more 
than  five  hundred  dollars,  to  be  recovered  by  action  of  debt, 
before  any  court  proper  to  try  the  same  ;  one  half  thereof  to 
and  for  the  use  of  said  town  of  Providence,  and  the  other 
half  thereof  to  and  for  the  use  of  the  person  or  persons  who 
shall  sue  for  the  same  :  and  it  shall  moreover  be  lawful  for 
the  town  council  of  said  town  to  cause  such  obstruction  to 
be  removed  at  the  cost  and  charge  of  him,  her  or  them,  who 
shall  have  so  erected  or  placed  the  same,  or  caused  the  same 
to  be  so  erected  or  placed  as  aforesaid. 

Sec.  4.  And  be  it  further  enacted,  that  if  any  person 
or  persons  shall  violate  any  of  the  laws,  rules  or  regulations 
that  may  be  at  any  time  made  by  said  town  of  Providence, 
for  the  preservation  of  the  channel,  and  for  the  prevention  of 
any  encroachments  or  obstructions  in  the  harbor  of  said  town, 
or  the  cove  above  the  bridge,  or  in  the  other  pubhc  waters 
thereof,  other  than  of  the  kind   mentioned  and  described  in 


HARBOR. 


36 


the  next  preceding  section  of  this  act,  he,  she  or  they  shall 
forfeit  and  pay  a  sum  not  less  than  two  nor  more  than  twenty 
dollars  for  each  offence,  to  be  recovered  by  action  of  debt, 
before  any  justice  or  justices  of  the  peace  of  the  said  town  ; 
one  half  thereof  to  and  for  the  use  of  said  town,  and  the 
other  half  thereof  to  and  for  the  use  of  the  person  or  persons 
who  shall  sue  for  the  same. 


An  Act  in  addition  to  an  act  entitled   "  An  Act  relative  to 
the  harbor  and  public  waters  of  the  town  of  Providence,''^ 

(Passed  January  21,  1837.) 


Section 
1.    No   person   shall  fill  out  any  part  of 
the  waters  covered  by  ordinary  tides, 


Section 

unless  permanent  wall  be  built. 
2.    Penalty. 


Be  it  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  No  person  or  persons,  corporation  or  corpo- 
rations, shall  fill  out,  or  cause  or  procure  to  be  filled  out,  with 
any  material  whatever,  any  flat,  shoal  or  piece  of  land  cover- 
ed with  tide  waters  at  ordinary  tides,  within  the  limits  of  the 
city  of  Providence,  unless  he,  she  or  they  shall,  before  the 
commencement  of  or  proceeding  upon  such  work,  build, 
erect  or  place,  or  cause  to  be  built,  erected  or  placed,  upon 
the  outer  line  of  the  flat,  shoal  or  piece  of  land  intended  by 
him,  her  or  them  to  be  filled  out,  and  also  upon  so  much  of 
the  lines  on  both  sides  thereof  as  may  adjoin  any  flat,  shoal 
or  piece  of  land  covered  with  tide  waters  as  aforesaid,  a  good 
permanent  stone  wall  of  proper  depth,  width,  height  and 
compactness,  and  well  and  sufficiently  secured  to  prevent  the 
mud  or  any  other  material  within  said  Hues  from  being  wash- 
ed or  pressed  outward  into  or  towards  any  part  of  the  harbor 
of  said  city,  of  the  cove  above  the  bridge,  or  of  any  other 
public  waters  thereof:  provided  the  board  of  aldermen  of 
said  city  shall  require  said  wall  or  walls  to  be  built ;  and  said 
work  shall  be  done  and  finished  in  such  manner,  and  compo- 
sed of  such  materials,  as  the  board  of  aldermen  of  the  city 
shall  direct  and  approve. 

Sec.  2.  If  any  person  or  persons,  corporation  or  corpo- 
rations, shall  violate  the  preceding  section  of  this  act,  or  shall 
neglect  to  keep  in  good  repair  any  such  wall  as  shall  have 
been  built,  erected  or  placed  aforesaid,  he,  she  or  they  so  of- 
fending shall  forfeit  and  pay,  to  and  for  the  use  of  said  city 


36 


HARBOR  AND  PUBLIC  WATERS. 


of  Providence,  a  sum  not  less  than  five  hundred  nor  more 
than  ten  thousand  dollars,  to  be  recovered  by  action  of  the 
case,  in  the  name  of  the  city  treasurer  of  said  city,  before 
any  court  proper  to  try  the  same. 


An  Act  in  addition  to  "  An  Act  relative  to  the  harbor  and  pub- 
lic waters  of  the  town  of  Providence.^^ 

(Passed  October  27,  1841.) 


Section 

1.  No  pergon  to  build  any  wharf,  &c., 
in  cove,  without  permission  from  the 
board  of  aldermen — penalty. 

2.  Board  of  aldermen  authorized  to  pre- 


Section 

vent  building  of  wharves,  streets,  &c. 
in  cove. 
3.    City    not    required  to   repair   streets 
until  declared  public. 


Be  it  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  If  any  person  shall  erect  or  build,  or  cause  to 
be  erected  or  built,  any  wharf  or  buildings  upon  any  part  of 
the  cove  or  other  public  waters  above  Weybosset  bridge,  in 
the  city  of  Providence,  outside  of  the  present  high  water 
mark,  or  shall  place  or  cause  to  be  placed  in  said  cove  or 
other  public  waters,  any  other  obstruction  of  any  kind  what- 
soever, without  permission  first  granted  by  the  board  of  alder- 
men of  said  city,  the  person  or  persons  so  offending  shall  for- 
feit and  pay  a  sum  of  money  not  less  than  fifty  dollars,  nor 
more  than  one  thousand  dollars ;  which  penalty  may  be  sued 
for  and  recovered  before  any  court  of  competent  jurisdiction, 
by  indictment,  or  by  an  action  of  debt ;  one  half  thereof  to 
and  for  the  use  of  him  who  shall  inform  or  sue  for  the  same, 
and  the  other  half  to  and  for  the  use  of  the  State ;  and  in 
addition  to  said  penalty,  the  said  board  of  aldermen,  or  the 
court  before  whom  such  indictment  shall  be  preferred,  are 
hereby  empowered  to  cause  such  obstruction  to  be  removed 
at  the  cost  of  the  person  or  persons  who  shall  have  erected 
or  placed  the  same,  or  who  shall  have  caused  the  same  to  be 
erected  or  placed. 

Sec.  2.  The  board  of  aldermen  of  said  city  are  hereby 
authorized  and  empowered  to  mark  out  and  direct,  or  permit 
to  be  built  or  erected,  any  wharves,  streets,  causeways  or 
bridges  around,  across  or  through  said  cove  or  other  public 
waters  above  Weybosset  bridge,  that  they  may  think  the  pub- 
he  good  shall  require  :  provided  that  nothing  herein  contained 
shall  authorize  the  taking  of  land  above  high  water  mark 
for  such  streets,  except  in  manner  as  is  by  law  provided. 


HARBOR  MASTER— FERRY  BOATS. 


37 


Sec.  3.  The  city  of  Providence  shall  not  be  required  to 
keep  in  repair  any  street  directed  or  permitted  by  said  board 
of  aldermen  to  be  built,  until  the  same  shall  be  received  and 
declared  by  said  board  of  aldermen  to  be  a  public  highway  to 
be  repaired  at  the  expense  of  the  city. 


An  Act  to  authorize  the  town  council  of  the  town  of  Provi- 
dence to  appoint  a  harbor  master, 

(Passed  June  25,  1830.) 

Town  council  authorized  to  appoint  harbor  master. 

Be  it  enacted  by  the  General  Assembly,  and  by  the  authority 
thereof  it  is  enacted,  that  the  town  council  of  the  town  of 
Providence  be  and  they  are  hereby  authorized  and  empower- 
ed, from  time  to  time  hereafter,  to  appoint  a  harbor  master 
for  the  port  of  Providence  ;  and  to  pass,  ordain  and  establish 
such  by-laws  and  ordinances,  and  establish  such  fees  and  com- 
pensation, as  said  town  council  may  deem  necessary  and  ex- 
pedient for  the  execution  of  the  duties  of  said  office ;  provi- 
ded the  same  do  not  render  said  town  liable  for  any  such  fees 
or  compensation ;  and  provided  further,  that  the  same  be  not 
repugnant  to  the  laws  of  this  state,  or  of  the  United  States. 


An  Act  concerning  ferry  boats  in  the  harbor  of  Providence. 

(Passed  January,  1843.) 

Mayor  and  aldermen  to  establish  ferries — ferriage  not  to  exceed  two  cents  in  the 

day  time. 

Be  it  enacted  by  the  General  Assembly,  as  follows : 

Section  1.  The  mayor  and  aldermen  of  the  city  of  Prov- 
idence shall  have,  from  and  after  the  passage  of  this  act,  full 
power  and  authority  to  establish  ferries  and  to  regulate  the 
running  of  boats  for  the  transportation  of  passengers  for  hire, 
in  that  part  of  the  harbor  of  Providence  between  Weybosset 
bridge  and  a  line  drawn  westerly  in  continuation  of  the 
north  line  of  India  street ;  and  to  affix  penalties  for  the  viola- 
tion of  any  regulations  established  by  them  under  the  author- 
ity hereof,  not  exceeding  five  dollars  for  one  offence  ;  which 


98 


LOW  GROUNDS. 


penalties  shall  be  recovered  in  the  same  way  as  penalties  for 
the  violation  of  ordinances  of  said  city  now  are :  provided 
that  said  mayor  and  aldermen  shall  not  fix  the  rate  of  ferriage 
in  the  day  time  above  two  cents  for  each  passenger. 


An  Act  for  filling  up  certain  low  grounds  covered  with  stag- 
nant  water  in  the  compact  part  of  the  town  of  Providence, 

(Passed  1822.) 


Section 

1.  Town  council  may  cause  low  grounds 
covered  with  water  to  be  filled  up. 

2.  Accounts    therefor    audited — owners 
notified. 

3.  Town  treasurer  may  sue  for  the  ex- 
pense— proceedings. 


Section 

4.  Council  may  cause  drains  to  be  laid- 
proceedings. 

5.  Expense  how  paid. 

6.  Lien  upon  estates. 


Whereas  it  hath  been  represented  unto  this  assembly,  that 
certain  low  grounds  in  the  compact  part  of  the  town  of  Prov- 
idence are  covered  with  stagnant  water,  to  the  great  preju- 
dice of  the  inhabitants  in  the  vicinity  of  such  places ;  for 
remedy  whereof: 

Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  upon  information  being 
given  of  any  such  place  or  places  to  the  town  council  of  the 
said  town,  the  said  town  council  shall  appoint  a  committee  to 
examine  the  place  or  places  so  complained  of,  and  to  make 
report  thereof  to  them  ;  that  if  on  report  of  such  committee 
it  shall  be  the  opinion  of  the  said  town  council  that  such 
place  or  places  ought,  for  the  security  of  the  inhabitants,  to 
be  filled  up,  they  shall,  by  their  sergeant  or  other  proper  offi- 
cer, notify  the  owner  or  owners  of  such  lands,  or  if  non-resi- 
dents, his,  or  her,  or  their  agent  or  attorney,  that  they  do  fill 
the  same  within  a  time  to  be  hmited  by  said  town  council  ; 
and  that  upon  the  refiisal  and  neglect  of  such  owner  or  own- 
ers, his,  her  or  their  agent  or  attorney,  to  fill  up  such  low 
grounds  with  earth,  within  the  time  limited  as  aforesaid,  the 
said  town  council  shall  appoint  a  proper  person  or  persons  to 
fill  the  same  with  earth,  of  such  depth  as  they  may  think 
necessary. 

Sec.  2.  And  be  it  further  enacted,  that  the  accounts  for 
all  such  services  as  aforesaid  shall  be  presented  to  the  town 
auditors  of  the  said  town,  and  be  by  them  audited,  and  the 
sums  allowed  certified  ;  that  the  owner  or  owners  of  such  lot 


LOW  GROUNDS. 


39 


or  lots  of  land,  or  his,  her  or  their  agent  or  attorney,  shall  be 
notified  of  the  same,  in  the  manner  herein  before  provided ; 
and  that  upon  the  refusal  or  neglect  of  such  owner  or  own- 
ers, his,  her  or  their  agent  or  attorney,  to  pay  the  bills  so  au- 
dited, the  said  town  council  shall  give  an  order  or  orders  on 
the  town  treasurer  of  the  town  for  the  amount  of  the  same, 
who  is  hereby  authorized  to  pay  the  amount  of  such  bills  out 
of  the  town  treasury. 

Sec.  3.  And  be  it  further  enacted,  that  the  said  town 
treasurer,  upon  his  acceptance  of  such  order  or  orders,  shall 
be  and  hereby  is  authorized  and  empowered  to  sue  for  and 
recover  the  amount  of  the  same  with  costs,  in  an  action  of 
debt,  to  be  commenced  and  prosecuted  by  him,  against  the 
owner  or  owners  of  such  lots  or  places  so  filled  up ;  that  the 
writ  in  such  action  of  debt  may  and  shall  be  levied  upon  such 
lots  or  places  so  filled  up,  and  the  same  shall  and  may  be  sold 
on  execution,  to  satisfy  the  judgments  which  may  be  obtained 
in  such  actions  of  debt  according  to  law  ;  that  if,  after  satis- 
fying such  executions,  any  surplus  arising  from  the  sale  shall 
remain,  such  surplus  shall  be  paid  to  such  owner  or  owners, 
his,  her  or  their  agent  or  attorney,  by  the  sheriff;  he  taking 
his,  her  or  their  receipt  for  the  same  ;  and  if  such  owner  or 
owners'  agent  or  attorney  is  not  to  be  found  within  this  state, 
or  shall  refuse  to  receive  the  same,  the  sheriff  shall  lodge 
such  surplus  in  the  town  treasury  of  the  said  town,  to  be  paid 
to  such  owner  or  owners,  or  to  his,  her  or  their  agent  or  at- 
torney, or  other  proper  representatives. 

Sec.  4.  And  be  it  further  enacted,  that  when  it  shall 
appear  to  the  satisfaction  of  the  town  council  of  said  town, 
upon  the  report  of  a  committee  to  be  appointed  in  the  man- 
ner provided  by  the  first  section  of  this  act,  that  the  health  of 
the  town  and  the  accommodation  of  the  inhabitants  shall  re- 
quire a  drain  or  drains  to  be  laid  or  sunk  through  the  lands  of 
individuals,  and  also  through  any  public  street  or  streets,  or 
public  lands  in  said  town,  said  town  council  shall  and  may 
appoint  a  commissioner  or  commissioners  to  make  survey  of 
the  route  of  such  drain  or  drains,  and  also  a  plan  or  draught 
thereof,  with  an  estimate  of  the  expense  of  the  same,  also  a 
list  and  description  of  all  the  real  estate  or  estates  which 
would  be  benefited  thereby,  with  the  names  of  the  owners  or 
occupiers  thereof,  and  an  assessment  of  the  expense  of  the 
same  upon  said  real  estates  respectively,  according  to  the 
benefit  respectively  by  them  received  therefrom,  and  on  the 
said  town,  so  far  as  said  town  may  be  benefited  in  respect  to 
the  draining  of  its  streets  and  other  pubhc  lands,  and  the  gen- 


40  LOW  GROUNDS. 

eral  accommodation  of  the  inhabitants ;  and  on  the  report  of 
such  commissioners,  the  said  town  council  shall  give  public 
notice,  by  advertisement  in  one  or  more  of  the  newspapers 
printed  in  said  town,  to  all  persons  interested,  to  appear  be- 
fore said  town  council,  at  a  time  by  them  in  said  advertise- 
ment appointed,  to  make  objection,  if  any  they  may  have,  to 
the  said  report,  estimate  and  assessment ;  and  the  said  town 
council,  after  hearing  such  parties  as  may  appear,  shall  take 
the  said  report,  estimate  and  assessment  into  consideration, 
and  adopt,  amend  or  reject  the  same ;  and  on  the  adoption 
thereof  shall  appoint  a  commissioner  or  commissioners  to 
cause  such  drain  or  drains  to  be  laid  or  sunk  accordingly. 

Sec.  5.  And  be  it  further  enacted,  that  the  expense  of 
making  or  sinking  such  drain  or  drains,  after  the  same  shall 
be  ascertained,  and  the  accounts  for  the  same  approved  by 
said  town  council,  shall  be  paid  by  the  said  town,  and  by  the 
owner  or  owners,  occupier  or  occupiers  of  such  real  estates 
as  shall  have  been  included  in  the  report,  estimate  and  assess- 
ment, in  the  proportion  of  such  expense  to  the  estimate  afore- 
said ;  and  in  case  the  same  shall  not  be  paid  within  twenty 
days  after  the  allowance  of  said  accounts  by  said  town  coun- 
cil, the  amount  of  the  expense  not  already  paid  shall  be  paid 
out  of  the  town  treasury,  in  the  manner  provided  in  the  sec- 
ond section  of  this  act ;  and  the  town  treasurer,  upon  accept- 
ance of  the  order  or  orders  of  the  said  town  council  for  such 
expenses,  shall  and  may  sue  for  and  recover  the  amount  of 
the  same,  with  costs  and  interest,  in  an  action  of  debt  against 
the  owner  or  owners,  occupier  or  occupiers,  of  the  estates  as- 
sessed respectively,  in  the  manner  provided  in  the  third  section 
of  this  act ;  and  may,  upon  the  writ  and  execution  in  such 
action  or  actions,  attach  the  respective  estates  so  assessed  as 
aforesaid,  and  sell  the  same  to  satisfy  the  judgment  or  judg- 
ments recovered  in  such  actions,  in  the  manner  provided  in 
said  third  section. 

Sec.  6.  And  be  it  further  enacted^  that  such  report  and 
assessment  of  said  commissioner  or  commissioners,  as  herein 
before  provided,  shall  be  a  lien  on  said  respective  real  estates, 
from  the  time  of  the  acceptance  of  such  report  by  the  town 
council ;  and  said  real  estates  shall  be  respectively  liable  for 
the  amount  of  the  final  charges  and  expenses  of  such  drain 
or  drains,  in  manner  aforesaid. 


BUILDINGS. 


41 


Act  concerning  the  erection  of  buildings  in  the  city  of  Prov- 
idence, 

(Passed  October,  1843.) 


Section 

1.  No  building  more  than  eighteen  feet 
high  to  be  built  within  certain  limits, 
unless  as  is  herein  described. 

2.  Same  subject  continued. 

3.  Partitions  between  double  houses — 
additions. 

4.  No  buildings  to  be  removed  without 
permission  of  city  council. 

5.  Limits  within  which  preceding  sec- 
tions operate. 

6.  No  building  more  than  forty  feet  high, 
except  of  brick  or  stone,  to  be  built 
within  certain  limits. 

7.  No  steam   boiler  to  be  erected  or  op- 


Section 

erated,   excepting   under  regulations 
of  board  of  aldermen. 

8.  Penalties  how  recovered. 

9.  Assessments   in  addition  to  penalties. 

10.  Additional  penalty  for  operating  steam 
boiler. 

11.  Proceedings    against  corporations  ex- 
empt from  taxation. 

12.  Penalties — to  whose  use. 

13.  Officers    whose    duty  it  is  to  inquire 
after  offences  against  this  act. 

14.  City  council  to  have  power  to  extend 
limits. 

15.  Repeal  of  former  laws. 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  After  the  passing  of  this  act,  no  building  of 
any  kind  whatever,  which  shall  be  more  than  eighteen  feet 
high  from  the  ground  to  the  highest  point  of  the  roof  thereof, 
measuring  on  that  side  of  the  building  next  to  the  highest 
part  of  the  lot  on  which  it  may  stand,  shall  be  erected  or  built 
within  the  limits  herein  after  described  in  the  city  of  Provi- 
dence, unless  such  building  be  constructed  of  such  materials 
and  be  situated  in  such  manner  as  is  herein  after  described,  to 
wit :  If  such  building  be  more  than  eighteen  feet  high,  and 
not  more  than  forty  feet  high,  measuring  as  aforesaid,  to  be 
used  for  a  dwelling-house,  and  for  no  other  purpose,  (unless 
by  permission  of  the  board  of  aldermen  of  said  city,)  the 
same  may  be  of  wood — provided  that  the  floors  be  laid  on 
mortar ;  the  sills  rest  upon  walls  of  brick  or  stone ;  the 
roof  be  covered  with  slate,  tile,  metal,  or  with  shingles 
laid  on  mortar,  and  have  at  least  one  window  or  scut- 
tle in  the  same ;  the  building  in  no  case  to  cover  a  greater 
surface  than  two  thousand  square  feet.  Every  such  building, 
when  erected  within  five  feet  of  the  boundary  line  of  the 
owner  or  owners  of  the  land  on  which  it  may  be  built,  (unless 
said  boundary  line  be  on  a  public  highway,)  shall  have  a  brick 
wall  at  least  seven  inches  thick,  or  a  stone  wall  at  least  twelve 
inches  thick,  on  the  side  next  to  said  boundary  line.  Every 
such  building,  when  erected  within  ten  feet  of  any  other 
building,  the  highest  point  whereof  shall  be  more  than  eigh- 
teen feet  from  the  ground,  shall  have  a  wall  of  the  same  de- 
scription, on  the  side  thereof  next  to  such  other  building,  un- 
less said  last  mentioned  building  shall  have  a  similar  wall  on 
the  corresponding  side  thereof.  And  between  every  two  ad- 
6 


42 


BUILDINGS. 


joining  buildings  of  the  foregoing  description  there  shall  be 
built  an  entire  partition  wall  of  brick  or  stone,  of  the  thick- 
ness aforesaid,  and  of  such  height  as  that  no  part  of  the  top 
of  said  wall  shall  be  less  than  two  feet  above  the  surface  of 
the  roof. 

Sec.  2.  No  building  of  any  kind  whatever  which  shall 
be  more  than  eighteen  feet  high  from  the  ground,  measuring 
as  aforesaid,  (other  than  such  as  is  herein  before  described,) 
shall  be  erected  or  built  within  the  limits  in  this  act  described 
and  established  in  said  city,  unless  all  the  external  sides  and 
ends  thereof  (except  so  much  as  may  be  necessary  for  doors 
and  windows)  be  constructed  or  built  of  brick  or  stone — if  of 
brick,  not  less  than  seven  inches ;  if  of  stone,  not  less  than 
twelve  inches  in  thickness. 

Sec.  3.  All  double  houses,  and  all  buildings  which  are 
separated  from  other  buildings  by  a  partition  within  said  lim- 
its, shall  have  a  partition  between  them  of  brick  or  stone,  of 
the  thickness  aforesaid.  And  all  additions  which  shall  be  made 
to  buildings  already  erected,  and  all  buildings  which  shall  be 
erected  on  old  foundations  in  part  or  in  whole,  shall  be  of 
brick  or  stone.  Provided^  however^  that  no  addition  or  erec- 
tion of  brick  or  stone  superstructure  shall  be  made  upon 
wooden  buildings,  or  upon  sides,  ends  or  foundations  of 
wood. 

Sec.  4.  No  wooden  buildings  shall  be  removed  from 
without,  to  any  place  within  said  hmits,  nor  from  one  place 
to  another  within  said  limits,  unless  by  permission  of  the 
city  council.  No  wooden  building  heretofore  erected  within 
said  limits,  and  now  used  for  a  dwelling-house,  shall  be  here- 
after used  therein  for  any  other  purpose  unless  by  permission 
of  the  board  of  aldermen,  and  under  such  restrictions  and 
conditions  as  they  may  prescribe. 

Sec  5.  The  several  parts  of  the  city  of  Providence,  com- 
prised and  lying  within  the  following  limits  and  bounds,  shall 
be  and  they  are  hereby  established  as  containing  all  the  parts 
of  said  city  in  which  the  foregoing  restrictions  and  prohibi- 
tions contained  in  this  act  shall  operate,  and  have  force  and 
effect,  to  wit :  that  part  of  said  city  on  the  west  side  of  the 
river  lying  southward  and  eastward  of  a  line  beginning  one 
hundred  feet  north  of  Westminster-street,  at  its  junction  with 
High-street,  and  extending  eastward,  holding  the  distance  of 
one  hundred  feet  from  Westminster-street  to  Union-street ; 
then  extending  northerly  through  North  Union-street  to  the 
salt  water  ;  and  that  part  lying  northerly  and  easterly  of  a 
line  beginning  one  hundred  feet  south  of  High-street,  at  its 


BUILDINGS. 


43 


junction  with  Westminster-street,  and  extending  easterly  to  a 
point  on  the  north  Une  of  Pawtuxet-street,  one  hundred  feet 
from  the  south  hne  of  High-street ;  then  continuing  on  the 
north  hne  of  Pawtuxet-street  to  its  junction  with  Broad- 
street  ;  then  beginning  on  the  east  side  of  Chesnut-street, 
one  hundred  feet  from  its  junction  with  Broad-street ;  and 
running  eastward,  holding  the  distance  of  one  hundred  feet 
from  Broad-street  to  Richmond-street ;  then  beginning  on 
the  east  line  of  Richmond-street,  one  hundred  and  fifty  feet 
from  Broad-street,  and  running  eastward,  holding  the  distance 
of  one  hundred  and  fifty  feet  from  Broad-street  to  Dorrance- 
street ;  thence  extending  southerly  through  Dorrance-street 
to  the  river :  all  that  part  of  the  town  on  the  east  side  of  the 
river  lying  westward  of  a  hne  beginning  one  hundred  feet 
east  of  Benefit-street,  at  the  junction  of  said  street  with 
Wickenden-street,  and  extending  north,  holding  the  distance 
of  one  hundred  feet  from  Benefit-street,  to  the  range  of  the 
south  hne  of  Star-street. 

Sec.  6.  No  building  of  any  kind  whatever,  which  shall  be 
more  than  forty  feet  high,  measuring  as  aforesaid,  and  which 
shall  not  have  all  its  external  sides,  excepting  so  much  as 
shall  be  necessary  for  doors  and  windows,  constructed  of 
brick  or  stone — if  of  brick,  not  less  than  seven  inches ;  if  of 
stone,  not  less  than  twelve  inches  in  thickness,  shall  be  erected 
or  built  within  the  following  districts  of  said  city,  viz :  that 
part  of  the  city  on  the  west  side  of  the  river  lying  between 
the  water  and  a  line  drawn  from  the  Cove  through  Sabin- 
street  to  AtwelPs  avenue,  through  AtwelPs  avenue  to  Dean- 
street,  through  Dean-street  to  a  point  two  hundred  feet  north 
of  the  northerly  line  of  High-street ;  thence  westerly,  keeping 
two  hundred  feet  north  of  said  northerly  line  to  Love-lane  ; 
thence  through  Love-lane,  across  High-street  and  through 
Knight-street  to  Cranston-street ;  thence  through  Cranston- 
street  to  Pearl-street;  through  Pearl-street  to  Pawtuxet- 
street,  through  Pawtuxet-street  to  Stewart-street,  through 
Stewart-street  or  the  continuation  thereof  to  Friendship- 
street,  through  Friendship-street  to  Plane-street,  through 
Plane-street  to  Point-street,  and  through  Point-street  to  the 
river;  and  that  part  of  the  city  on  the  east  side  of  the  river 
lying  between  the  water  and  a  line  drawn  from  the  river  in 
the  direction  of  Wickenden-street,  to  strike  the  northerly 
line  of  said  street  and  by  said  northerly  line  to  Brook-street ; 
thence  through  Brook-street  to  Power-street,  through  Power- 
street  to  the  westerly  hne  of  Brown-street ;  thence  by  said 
westerly  hne  and  the  continuation  thereof  northerly  to  Angell- 


44.  BUILDINGS. 

Street ;  thence  through  Angell  to  Prospect-street,  through 
Prospect  to  Meeting-street,  through  Meeting-street  to  a  point 
two  hundred  feet  east  of  the  easterly  Une  of  Benefit-street ; 
thence  northerly  keeping  two  hundred  feet  east  of  said  east- 
erly line  to  the  range  of  the  southerly  line  of  Star-street ; 
thence  to  the  water  by  said  southerly  Une  and  the  range 
thereof. 

Sec.  7.  No  steam  boiler  shall  hereafter  be  erected  and 
put  in  operation  in  said  city,  unless  by  permission  of  the 
board  of  aldermen  of  said  city  ;  and  no  steam  boiler  already 
erected,  or  which  shall  hereafter  be  erected,  shall  be  continued 
in  operation  in  said  city,  unless  under  such  restrictions,  regu- 
lations and  conditions  as  said  board  of  aldermen  may  pre- 
scribe. 

Sec.  8.  Every  person  who  shall  erect,  construct  or  add 
to,  or  cause  to  be  erected,  constructed  or  added  to  any  build- 
ing, or  who  shall  put  or  continue  in  operation  any  steam 
boiler  in  said  city,  contrary  to  the  true  intent  and  meaning 
and  against  the  provisions  or  any  of  the  provisions  of  this 
act,  shall  forfeit  and  pay  a  fine  of  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars,  according  to  the 
nature  and  aggravation  of  the  offence ;  to  be  recovered  by 
indictment  before  or  information  in  the  supreme  court,  which 
it  shall  be  the  duty  of  the  attorney  general  to  file,  in  all  cases 
which  may  come  to  his  knowledge. 

Sec.  9.  In  addition  to  the  fines  above  mentioned,  there 
shall  be  laid  and  assessed  upon  every  house  and  other  build- 
ing which  shall  be  erected,  constructed  or  added  to,  contrary 
to  the  provisions  or  any  of  the  provisions  of  this  act,  the  sum 
of  fifty  dollars  annually  and  every  year  until  brick  or  stone 
walls  shall  be  erected  as  above  provided,  and  until  the  same 
shall  be  effectually  secured  against  fire,  according  to  the  pro- 
visions of  this  act ;  and  it  shall  be  the  duty  of  the  board  of 
aldermen  aforesaid  to  return  to  the  assessors  ot  said  city  an- 
nually a  list  of  all  such  houses  and  other  buildings  as  are  erect- 
ed, constructed,  or  added  to,  against  the  provisions  or  any  of 
the  provisions  of  this  act,  together  with  attested  copies  of  the 
record  of  the  conviction  of  the  person  or  persons  who  erect- 
ed, constructed,  or  added  to  the  same,  before  the  supreme 
court ;  and  thereupon  it  shall  be  the  duty  of  the  said  assess- 
ors to  assess  upon  the  owner  or  owners  of  such  building  or 
buildings,  for  the  time  being,  the  said  sum  of  fifty  dollars  annu- 
ally, in  addition  to  his,  her,  or  their  taxes ;  which  shall  be  re- 
covered and  collected  in  the  same  way  and  manner  as  other 
taxes  are  or  may  be  recovered  and  collected ;  and  the  same  rem- 


BUILDINGS. 


46 


edy  is  hereby  given  to  the  collector  or  collectors  of  taxes  for  the 
recovery  thereof :  provided^  nevertheless^  that  no  such  building 
or  buildings,  or  the  owner  or  owners  thereof,  shall  be  sub- 
jected to  such  annual  tax,  until  an  attested  copy  of  the  record 
of  said  conviction  shall  have  been  duly  recorded  in  the  office 
of  the  city  clerk  of  said  city,  whose  duty  it  shall  be  to  re- 
ceive and  record  the  same. 

Sec.  10.  Every  person  who  shall  operate  any  steam 
boiler,  or  use  or  occupy  any  building  of  a  description  set 
forth  in  this  act,  otherwise  than  in  conformity  with  the  same, 
shall  forfeit  and  pay  for  each  offence  a  sum  not  less  than  fifty 
dollars,  nor  more  than  five  hundred  dollars,  together  with  all 
costs  of  prosecution,  to  be  recovered  in  an  action  of  debt,  in 
the  name  of  the  treasurer  of  said  city,  before  any  court  of 
competent  jurisdiction.  And  any  person  who  shall  offend 
against  this  act,  or  any  part  thereof,  by  operating  any  steam 
boiler,  or  using  or  occupying,  contrary  thereto,  any  building 
hereby  authorized  to  be  erected,  or  herein  described,  and 
shall  persist  in  such  unlawful  operation,  use  or  occupation, 
after  he  or  she  shall  have  been  required  by  the  mayor  or  by 
the  board  of  aldermen  aforesaid,  in  writing,  to  discontinue 
the  same,  shall,  for  every  thirty  days  during  which  he  or  she 
shall  so  persist,  be  deemed  guilty  of  a  new  and  separate  of- 
fence, and  shall  be  fined  accordingly. 

Sec.  11.  All  corporations,  and  the  property  of  all  corpo- 
rations which  are  otherwise  exempt  from  taxation,  shall  be 
subject  and  hable  to  the  provisions  of  this  act,  and  to  the 
penalties  and  assessments  therein  provided  in  case  of  violation 
thereof,  and  written  notice  to  the  treasurer,  or  other  officer 
usually  receiving  and  paying  out  funds  of  such  corporation, 
shall  be  sufficient  fully  to  bind  such  corporation  and  its  pro- 
perty. 

Sec.  12.  All  assessments  and  one  half  of  all  fines  and 
penalties  which  shall  be  recovered  under  and  by  virtue  of  this 
act,  shall  accrue  and  enure  to  the  use  of  said  city,  and  be 
paid  to  the  treasurer  thereof;  and  the  other  half  of  said  fine 
and  penalties  shall  be  paid  into  the  general  treasury. 

Sec.  13.  It  shall  be  the  duty  of  the  mayor  and  of  each 
and  every  alderman  in  said  city,  and  they  and  each  of  them 
are  hereby  required,  to  inquire  after  and  give  or  cause  to  be 
given  information  to  the  attorney  general  of  all  offences 
which  may  be  committed  against  the  true  intent  and  meaning 
of  this  act. 

Sec.  14.  The  city  council  of  said  city  are  hereby  author- 
ized and  empowered  to  extend  the  operation  of  this  act,  or  of 


46 


LUMBER  AND  WOOD.— LIME. 


any  of  the  provisions  thereof,  from  time  to  time,  to  such  other 
streets,  places  and  districts  within  said  city,  as  they  shall  deem 
expedient ;  and  said  act  shall  have  full  force  and  effect 
therein. 

Sec.  16.  All  laws  relating  to  the  erection  of  wooden 
buildings  in  any  part  of  the  town  or  city  of  Providence  are 
hereby  repealed  ;  but  all  violations  (prior  to  the  passage  of 
this  act)  of  such  laws  or  of  any  part  thereof,  and  all  assess- 
ments, fines  or  penalties  incurred  before  the  passage  of  this 
act,  may  be  prosecuted  for,  recovered  and  collected,  as  if 
this  act  had  not  been  passed. 


An  Act  regulating  the  piling  of  lumber  and  wood,  within  cer- 
tain limits  in  Providence, 

'^^  (Passed  November  2,  1831.) 

No  lumber,  &c.,  to  be  piled  more  than  thirteen  feet  high  within  certain  limits. 

Be  it  enacted  by  the  General  Assembly,  and  by  the  authority 
thereof  it  is  enacted,  that  from  and  after  the  rising  of  this 
general  assembly,  no  person  shall  pile  or  cause  to  be  piled,  or 
aid  or  assist  in  piUng,  or  within  his  or  her  possessions  suffer  or 
permit  to  be  or  remain  piled,  any  boards,  planks,  shingles, 
timber,  clapboards  or  other  lumber,  or  any  w^ood,  in  any  pile 
or  heap  to  a  greater  height  than  thirteen  feet,  in  any  place  in 
the  town  of  Providence,  within  the  limits  within  which  the 
erection  of  wooden  buildings  exceeding  in  height  thirteen 
feet  is  now  prohibited  by  law.  And  every  person  offending 
against  any  of  the  provisions  of  this  act  shall  be  subject  to 
the  same  fines,  forfeiture  and  penalties,  to  be  recovered  in  the 
same  manner  as  provided  in  and  by  the  fourth  section  of  the 
act  entitled  "  An  Act  to  prevent  erecting  wooden  buildings 
in  certain  parts  of  the  town  of  Providence." 


An  Act  regulating  the  storing  of  lime  in  the  town  of  Providence, 

(Passed  1805.) 

Section  I  Section 

1.   No  lime  to  be  stored  below  low  water  |    2.    Penalty  in  case  of  fire  happening, 
mark — may  be  removed. — Penalty  for  I 
not  removing.  | 

Section  1 .     Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  it  shall  not  be  lawful  to 


GUNPOWDER. 


47 


deposit  stone-lime  on  any  floor,  platform  or  ground,  within 
any  store  or  other  building  in  the  town  of  Providence,  below 
the  highest  tide-water  mark ;  and  in  case  any  lime  shall  be 
deposited  contrary  to  the  true  intent  and  meaning  hereof,  the 
town  council  of  said  town  are  hereby  empowered  to  order 
such  lime  to  be  forthwith  removed,  by  the  owner  or  occupant 
of  such  store,  or  owner  of  such  lime  ;  and  in  case  the  owner 
or  occupant  of  such  store,  or  owner  of  such  lime,  shall  refuse 
or  neglect,  for  the  space  of  twenty-four  hours  after  notice  of 
such  order,  to  remove  such  lime,  he,  she  or  they  so  offending, 
shall  be  liable  to  pay  to  and  for  the  use  of  said  town,  a  fine 
not  exceeding  forty  dollars  ;  and  said  town  council  shall  and 
may  cause  the  same  to  be  forthwith  removed,  and  may  cause 
so  much  of  said  lime  to  be  sold  at  public  auction  as  will  be 
sufficient  to  defray  the  expenses  of  such  removal. 

Sec.  5.  And  be  it  further  enacted,  that  in  case  any  dam- 
age shall  happen  by  fire,  by  the  storing  of  hme,  contrary  to 
the  true  intent  and  meaning  of  this  act,  the  occupant  of  the 
store  or  building  in  which  such  lime  shall  be  stored,  shall  be 
liable  to  and  pay  a  fine  not  exceeding  five  hundred  dollars,  to 
and  for  the  use  of  said  town. 


An  Act  regulating  the  storage,  safe  keeping  and  transportation 
of  gunpowder  in  the  town  of  Providence. 

(Passed  1821.) 


1.  Not  more  than  five  pounds  of  gun- 
powder to  be  kept,  except  as  directed 
in  this  act. 

2.  No  person  to  sell  without  license — 
licenses  how  granted. 

3.  Penalty  for  having  or  transporting, 
&c.,  contrary  to  this  act. 

4.  May  be  libelled  if  kept  contrary  to 
this  act — process — may  be  forfeited. 

5.  Penal  ty  for  rescuing  gunpowder  when 
seized. 

6.  Firewards  to  make  complaints,  &c. 

7.  Party  injured  by  explosion  entitled  to 
damages. 


Section 

8.  Vessels  with  gunpowder  where  to  an- 
chor. 

9.  Where  gunpowder  may  be  landed. 

10.  In  what  manner  secured. 

11.  How  to  be  transported  in  carts. 

12.  How  to  be  transported  in  boats. 

13.  Applications  for  license. 

14.  What  quantity  may  be  kept. 
In  what  manner  it  shall  be  kept. 
Sign  to  be  kept. 

Places    where    gunpowder    may    be 
stored  how  designated. 
Forfeitures  how  recovered. 
Repeal  of  former  act. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  that  no  person,  except  on 
military  duty  in  the  public  service  of  the  United  States,  or  of 
this  state,  shall  keep,  have  or  possess  in  any  house,  warehouse, 
shop  or  other  building,  nor  in  any  street,  lane,  alley,  passage- 


48  GUNPOWDER. 

way,  yard  or  cellar,  nor  in  any  wagon,  cart  or  other  carriage^ 
nor  on  any  wharf,  nor  on  board  of  any  ship  or  other  vessel, 
nor  in  any  place  within  the  town  of  Providence,  gunpowder 
in  any  quantity  exceeding  five  pounds,  in  any  way  or  manner 
other  than  by  this  act  may  be  permitted  and  allowed  ;  and  all 
gunpowder  had,  kept  or  possessed,  contrary  to  the  provisions 
hereof,  shall  be  forfeited,  and  liable  to  be  seized  and  proceed- 
ed against,  in  the  manner  herein  after  provided. 

Sec.  2.  And  be  it  further  enacted,  that  it  shall  not  be 
lawful  for  any  person  or  persons  to  sell  any  gunpowder  which 
may  at  the  time  be  within  the  town  of  Providence,  in  any 
quantity,  by  wholesale  or  retail,  without  first  having  obtained 
from  the  town  council  of  said  town,  a  license  to  sell  gunpow- 
der ;  and  every  such  license  shall  be  written  or  printed,  and 
signed  by  the  president  of  said  council  or  their  clerk,  on  a 
paper  upon  which  shall  be  written  or  printed  a  copy  of  this 
act ;  and  every  such  license  shall  be  in  force  for  one  year 
from  the  date  thereof,  unless  annulled  by  said  council,  and  no 
longer ;  but  such  license  may,  prior  to  the  expiration  of  that 
time,  be  renewed,  by  endorsement  thereon,  for  a  further  term 
of  one  year,  and  so  from  year  to  year  :  provided,  always,  that 
the  said  town  council  may  annul  any  such  license,  if  in  their 
opinion  the  person  or  persons  licensed  have  forfeited  the  right 
of  using  the  same  by  any  violation  of  the  law  relative  thereto ; 
and  every  person  who  shall  receive  a  license  as  aforesaid  shall 
pay  therefor  the  sum  bf  five  dollars,  and  on  having  the  same 
renewed  shall  pay  therefor  the  sum  of  one  dollar,  which 
shall  be  paid  to  the  clerk  of  said  council,  for  their  use,  for 
the  purposes  of  defraying  the  expenses  of  carrying  this  act 
into  execution. 

Sec.  3.  And  be  it  further  enacted,  that  any  person  or 
persons  who  shall  keep,  have,  possess  or  transport  any  gun- 
powder within  the  town  of  Providence,  contrary  to  the  pro- 
visions of  this  act,  or  who  shall  sell  any  gunpowder  therein, 
without  having  a  license  therefor,  then  in  force,  shall  forfeit 
and  pay  a  fine  of  not  less  than  twenty  dollars,  and  not  ex- 
ceeding five  hundred  dollars,  for  each  and  every  ofience  ;  and 
if  any  gunpowder  kept  contrary  to  the  provisions  of  this  act 
shall  explode  in  any  shop,  store,  dwelling-house,  ware-house 
or  other  building,  or  in  any  place  in  said  town,  the  occupant, 
tenant  or  owner  of  which  has  not  a  license  in  force  to  keep 
and  sell  gunpowder  therein,  or  which  gunpowder  shall  have 
been  kept  in  any  manner  contrary  to  the  terms  and  condi- 
tions of  such  license,  such  occupant,  tenant  or  owner  shall 


GUNPOWDER. 


49 


forfeit  and  pay  a  fine  of  not  less  than  twenty  dollars,  nor 
more  than  five  hundred  dollars. 

Sec.  4.  And  be  it  further  enacted,  that  all  gunpowder 
which  shall  be  kept,  had  or  possessed,  within  the  town  of 
Providence,  or  brought  into  it,  or  transported  through  the 
same,  contrary  to  the  provisions  of  this  act,  may  be  seized 
and  taken  into  custody,  by  any  one  or  more  of  the  firewards 
of  said  town ;  and  the  same  shall,  within  ten  days  next  after 
the  seizure  thereof,  be  libelled,  by  fihng  in  the  office  of  the 
clerk  of  the  court  of  common  pleas,  within  and  for  the  coun- 
ty of  Providence,  a  libel,  stating  the  time  and  place  and 
cause  of  such  seizure ;  a  copy  of  which  libel,  or  the  sub- 
stance thereof,  together  with  a  summons  or  notice,  which 
such  clerk  is  hereby  authorized  to  issue,  shall  be  served  on 
the  person  or  persons  from  whose  custody  or  possession,  or 
in  whose  tenement,  such  gunpowder  shall  have  been  seized, 
if  such  person  or  persons  be  an  inhabitant  or  inhabitants  of 
this  state,  by  delivering  a  copy  thereof  to  such  person  or  per- 
sons, or  leaving  such  copy  at  his,  her  or  their  usual  place  of 
abode,  twenty  days  at  least  before  the  sitting  of  the  court  at 
which  the  same  is  to  be  heard,  that  such  person  or  persons 
may  appear  and  show  cause  why  the  gunpowder  so  seized 
and  taken  shall  not  be  adjudged  forfeit ;  and  if  the  gunpow- 
der so  seized  shall  be  adjudged  forfeit,  the  person  or  persons 
in  whose  custody  or  possession  the  same  was  seized,  or  the 
occupant  or  tenant  of  the  place  wherein  the  same  was  seized, 
shall  pay  all  costs  of  prosecution,  and  execution  shall  be 
issued  therefor,  provided  it  appear  that  such  person  or  persons 
had  due  notice  of  such  prosecution,  by  service  as  aforesaid  ; 
and  in  case  the  person  or  persons  in  whose  custody  or  posses- 
sion, or  in  whose  tenement  such  gunpowder  may  be  seized, 
shall  be  unknown  to  the  fireward  or  firewards  making  such 
seizure,  or  in  case  such  gunpowder  at  the  time  of  seizure 
may  not  be  in  the  custody  or  possession  of  any  person,  or  if 
it  shall  appear  by  the  return  of  the  officer,  that  such  person 
or  persons  cannot  be  found,  or  has  no  known  place  of  abode 
in  this  state,  then  said  court  shall  and  may  proceed  to  adjudi- 
cation thereon ;  and  such  libel  or  summons,  and  also  such 
writ  of  execution  for  costs,  shall  and  may  be  served  and  exe- 
cuted in  any  county  in  this  state,  by  any  officer  competent  to 
execute  civil  process  in  like  cases. 

Sec.  5.     And   be  it  further   enacted,  that  any  person  or 
persons  who  shall  rescue,  or  attempt  to  rescue,  any  gunpow- 
der seized  as  aforesaid,  or  shall  aid  or  assist  therein,  or  who 
shall  counsel  or  advise  or  procure  the  same  to  be  done,  or 
7 


50 


GKJNPOWDER. 


who  shall  molest,  hinder  or  obstruct  any  fireward  in  such 
seizure,  or  in  carrying  gunpowder  so  seized  to  a  place  of 
safety,  shall  forfeit  and  pay  a  fine  for  each  offence,  of  not 
less  than  twenty  dollars,  and  not  exceeding  five  hundred  dol- 
lars ;  and  it  is  hereby  made  the  duty  of  all  magistrates,  civil 
officers,  and  of  all  good  citizens  of  said  town,  in  their  respec- 
tive stations,  and  as  far  as  they  may  be  required,  to  aid  and 
assist  such  fireward  or  firewards  in  executing  the  duties  here- 
by required. 

Sec.  6.  And  be  it  further  enacted,  that  the  said  firewards, 
or  any  of  them,  may  enter  the  store  or  place  of  any  person 
or  persons  licensed  to  sell  gunpowder,  to  examine  and  ascer- 
tain whether  the  laws  relating  thereto  are  strictly  observed  ; 
and  also  whenever  there  may  be  an  alarm  of  fire ;  and  in 
such  last  case  may  cause  the  powder  there  deposited  to  be 
removed  to  a  place  of  safety,  or  to  be  destroyed  by  wetting 
or  otherwise,  as  the  exigency  of  the  case  may  require  ;  and 
it  shall  be  lawful  for  any  one  or  more  of  the  firewards  afoVe- 
said  to  enter  any  dwelling-house,  store,  building  or  other 
place  in  said  town  to  search  for  gunpowder,  which  they  may 
have  reason  to  suspect  to  be  concealed  or  unlawfully  kept 
therein  ;  first  having  obtained  from  some  justice  of  the  peace 
of  said  town  a  search-warrant  therefor ;  which  warrant  any 
one  of  the  justices  of  said  town  is  hereby  respectively  author- 
ized to  issue,  upon  the  complaint  of  such  fireward  or  fire- 
wards, supported  by  his  or  their  oath  or  affirmation. 

Sec.  7.  And  be  it  further  enacted,  that  any  person  who 
shall  suffer  injury  by  the  explosion  of  any  gunpowder  had, 
kept  or  transported  within  the  town  of  Providence,  contrary 
to  the  provisions  of  this  act,  may  have  an  action  of  the  case, 
in  any  court  proper  to  try  the  same,  against  the  owner  or 
owners  of  such  gunpowder,  or  against  any  other  person  or 
persons  who  may  have  had  the  custody  or  possession  of  the 
same,  at  the  time  of  the  explosion  thereof,  to  recover  reason- 
able damages  for  the  injury  thus  sustained. 

Sec.  8.  And  be  it  further  enacted,  that  no  ship  or  other 
vessel  on  board  of  which  gunpowder  shall  be  laden,  shall  lie 
at  any  wharf  in  the  town  of  Providence,  nor  at  any  place 
north  of  India  Point  channel,  within  said  town. 

Sec  9.  And  be  it  further  enacted,  that  when  any  gun- 
powder shall  be  landed  in  the  town  of  Providence,  from  on 
board  any  ship,  boat  or  other  vessel,  the  same  shall  and  may 
be  brought  to  and  landed  at  such  place  or  places  as  may  be 
designated  by  the  town  council  of  said  town;  and  when  any 
gunpowder  shall  be  intended  to  be  laden  on  board  of  any 


GUNPOWDER. 


51 


ship  or  vessel  lying  in  the  harbor  of  Providence,  the  same 
shall  and  may  be  brought  to  and  delivered  and  laden  from 
such  place  or  places  as  may  be  designated  as  aforesaid  ;  and 
no  gunpowder  shall  be  landed  at,  or  shipped  from,  any  other 
wharf  or  place  in  said  town,  nor  detained  an  unnecessary 
length  of  time  at  said  wharf  or  place. 

Sec.  10.  And  be  it  further  eMacted,  that  all  gunpowder 
which  shall  be  transported  through  said  town,  to  whatever 
place  it  may  be  destined,  shall  be  put  into  strong  leather  bags, 
closely  tied,  and  on  which  shall  be  painted  in  Roman  capitals, 
the  word  "  GUNPOWDER,"  and  shall  so  remain  in  said 
bags  whilst  it  is  within  the  bounds  of  said  town,  and  shall  not 
be  suffered  to  remain  a  longer  time  than  is  necessary,  in  the 
boat  or  carriage  in  which  it  may  be  transported :  provided 
however,  that  said  bags  may  be  taken  off  whenever  said  pow- 
der shall  be  deposited  in  some  magazine,  as  hereinafter  desig- 
nated. 

Sec.  11.  And  be  it  further  enacted,  that  all  gunpowder 
transported  through  said  town,  except  when  carried  by  hand, 
shall  be  conveyed  in  a  cart,  wagon  or  other  carriage,  closely 
covered  with  leather  or  canvas,  marked  as  aforesaid  with  the 
word  "  Gunpowder,"  in  some  conspicuous  place  thereon  ; 
excepting,  however,  that  a  quantity  of  gunpowder,  not  ex- 
ceeding in  the  whole  four  casks  of  twenty-five  pounds  each, 
may  be  received  and  put  into  any  cart  or  wagon  which  is  to 
pass  through  any  part  of  the  town,  on  its  way  to  the  country; 
provided  that  each  cask  shall  be  put  into  a  leather  bag,  close- 
ly tied  up  and  marked  as  aforesaid,  and  so  remain  until  with- 
out the  bounds  of  said  town. 

Sec  12.  And  be  it  further  enacted,  that  all  boats  em- 
ployed in  transporting  gunpowder  shall  have  the  casks  of 
powder  covered  with  canvas,  and  shall  have  a  red  flag  dis- 
played in  the  bow  or  stern  of  the  boat,  so  long  as  any  powder 
remains  on  board. 

Sec.  13.  And  be  it  further  enacted,  that  all  persons  who 
wish  to  have  a  license  to  keep  and  sell  gunpowder  within  the 
town,  shall  make  application  to  the  town  council  in  writing, 
stating  their  place  of  business,  and  whether  they  wish  to  sell 
by  wholesale  or  retail,  or  both ;  and  to  each  person  or  firm 
who  may  be  approbated,  a  certificate  of  license  shall  be 
granted,  on  payment  of  the  fee  established  by  law. 

Sec.  14.  And  be  it  further  enacted,  that  every  person  or 
firm  who  may  be  licensed  to  sell  gunpowder  by  retail,  shall 
be  allowed  to  keep  in  the  place  or  building  designated  in  the 
license,  twenty-five  pounds  of  gunpowder,  and  no  more,  at 


52 


OUNPOWDER. 


one  time,  which  shall  always  be  kept  in  tin  or  copper  canis- 
ters, capable  of  containing  no  more  than  twelve  and  a  half 
pounds  each,  with  a  small  aperture  at  the  top,  and  a  tin  or 
copper  cover  thereto. 

Sec.  15.  And  be  it  further  enacted,  that  every  person  or 
firm  who  may  be  Hcensed  to  sell  gunpowder  by  wholesale, 
shall  provide  and  keep  a  tin  or  copper  chest,  with  two  han- 
dles and  a  tight  cover,  furnished  with  a  hinge,  and  secured 
with  a  padlock,  all  of  tin  or  copper  ;  such  chest  shall  always 
be  kept  on  the  lower  floor,  on  the  right  side  of  and  close  to 
the  principal  door  or  entrance  from  the  street  into  the  build- 
ing so  hcensed,  except  when  otherwise  designated  by  the 
council,  and  shall  always  be  kept  locked,  except  when  pow- 
der is  put  in  or  taken  out ;  and  such  person  or  firm,  so  licen- 
sed, shall  be  allowed  to  deposit  and  keep,  in  such  tin  or  cop- 
per chest,  a  quantity  of  gunpowder  not  exceeding  four  casks 
of  twenty-five  pounds  each ;  the  heads  of  each  cask  not  to 
be  opened,  and  each  cask  to  be  kept  in  a  strong  leather  bag, 
closely  tied  and  marked  as  aforesaid. 

Sec.  16.  And  be  it  further  enacted,  that  every  person  or 
firm  licensed  to  keep  and  sell  gunpowder  as  aforesaid,  by 
wholesale  or  retail,  shall  have  and  keep  a  sign-board  placed 
over  the  door  or  building  in  which  such  powder  is  kept,  on 
which  shall  be  painted  in  Roman  capitals  the  words  "  Licen- 
sed to  sell  Gunpowder." 

Sec.  17.  And  be  it  further  enacted,  that  no  gunpowder 
shall  be  kept,  otherwise  than  as  before  provided  for  licensed 
dealers,  at  any  place  within  the  town  of  Providence,  except 
in  such  place  or  places,  and  in  such  buildings,  as  may  be 
designated  by  the  town  council  thereof. 

Sec.  18.  And  be  it  further  enacted,  that  all  fines,  penal- 
ties and  forfeitures,  except  otherwise  herein  prescribed,  which 
may  arise  and  accrue  under  the  provisions  of  this  act,  shall 
and  may  be  prosecuted  for  and  recovered  by  indictment  or 
action  of  the  case,  in  any  court  of  competent  jurisdiction  ; 
one  half  thereof  to  and  for  the  use  of  the  poor  of  said  town,  to  be 
paid  over  to  the  treasurer  thereof,  and  one  half  to  and  for  the 
use  of  any  person  or  persons  who  may  prosecute  or  sue  for  the 
same  :  and  this  act  shall  be  deemed  and  taken  to  be  a  public 
act,  and  shall  and  may  be  proceeded  on  as  such. 

Sec.  19.  And  be  it  further  enacted,  that  the  act  entitled 
*'  An  Act  relative  to  the  keeping  of  gunpowder  in  the  town 
of  Providence,"  be  and  the  same  is  hereby  repealed :  provi- 
ded, however,  that  the  same  shall  continue  in  force  for  the 
purpose  of  prosecuting  all  oflfences  which  may  have  been 
committed  prior  to  the  passing  hereof. 


FIRES. 


53 


An  Act  providing  in  case  of  fire  breaking  out  in  the  town  of 

Providence* 

(Passed  1754  to  1822.) 


SECTION 

1.  Housekeeper  to  have   buckets — pen- 
alty. 

2.  Town  council  to  cause  examination  to 
be  made. 

3.  Presidents  of  fire  wards-power.— Own- 


Section 

ers  of  houses  pulled  down,  how  com- 
pensated. 

4.  Firewards — power — disobedience   to 
how  punished. 

5.  Stealing  in  time  of  fire. 


Section  1.  Be  it  enacted  by  the  General  Assembly^  and  by 
the  authority  thereof  it  is  enacted^  that  every  housekeeper  in 
the  town  of  Providence  shall  provide  and  keep  two  good 
leather  buckets,  containing  at  least  two  gallons  each,  with 
the  owner's  name  painted  at  large  thereon,  to  be  kept  in 
some  convenient  place,  to  be  used  in  case  of  fire  breaking 
out  in  said  town,  and  for  no  other  purpose ;  under  the 
penalty  of  forfeiting  the  sum  of  five  dollars,  to  be  recov- 
ered by  the  town  treasurer,  to  and  for  the  use  of  said  town, 
before  any  two  or  more  justices  of  the  peace  in  said  town, 
whose  judgment  in  the  premises  shall  be  final. 

Sec.  2.  And  be  it  further  enacted^  that  the  town  coun- 
cil of  said  town  shall  annually,  within  one  month  after  the 
third  Tuesday  in  August,  cause  an  examination  to  be  made 
by  the  town  sergeant,  or  one  of  the  constables  of  said  town, 
of  all  the  housekeepers  in  said  town,  and  to  return  to  the 
said  council  the  names  of  all  such  housekeepers  who  are  not 
furnished  with  buckets  as  aforesaid,  which  said  council  shall, 
after  having  duly  examined  the  same,  return  a  list  of  persons 
to  be  prosecuted  under  this  act,  to  the  said  town  treasurer, 
who  shall  cause  said  dehnquents  to  be  prosecuted  in  manner 
herein  before  prescribed ;  provided  that  said  town  council, 
upon  application  and  due  examination,  may  exempt  from  the 
penalty  aforesaid  any  person  who,  in  their  opinion,  may  be 
unable  to  furnish  themselves  with  buckets  as  aforesaid. 

Sec  3.  And  be  it  further  enacted^  that  from  time  to  time, 
at  the  yearly  meeting  for  the  election  of  town  officers,  the 
freemen  of  said  town  shall  annually  choose  and  appoint  three 
or  more  persons,  on  whose  fidelity,  judgment  and  impartiality 
they  can  rely,  to  be  called  presidents  of  firewards  ;  and  that 
they,  the  said  presidents,  or  any  one  of  them,  who  shall  be 
present  when  any  fire  shall  happen  to  break  out  in  the  said 
town,  shall  and  may,  and  they  are  hereby  empowered  to  give 
directions  for  the  pulling  down  or  blowing  up  of  any  such 
house  or  houses  as  shall  be  by  them  judged  meet  and  neces- 


64  FIRES. 

sary  to  be  pulled  down  or  blown  up,  for  preventing  the  further 
spreading  of  the  fire ;  and  if  it  shall  happen  that  the  pulhng 
down  or  blowing  up  of  any  such  house  or  houses,  by  direc- 
tion as  aforesaid,  shall  be  the  occasion  of  stopping  the  pro- 
gress of  such  fire,  or  that  the  fire  stop  before  it  comes  to  the 
same,  that  then  all  and  every  the  owner  or  owners  of  such 
house  or  houses  shall  be  reasonably  paid  therefor,  by  the  rest 
of  the  inhabitants  of  said  town,  whose  houses  shall  not  be 
burnt ;  and  they  are  hereby  authorized  and  fully  empowered 
to  make  a  tax  or  taxes  for  levying  and  raising  such  a  sum  of 
money  as  shall  be,  by  the  court  of  general  sessions  of  the 
peace  for  the  county  of  Providence,  thought  sufficient  for 
that  end ;  which  court  are  hereby  fully  empowered  and  author- 
ized, on  application  to  them  on  this  behalf  made,  to  deter- 
mine and  make  order  thereon  :  provided,  always,  that  if  the 
house  or  houses  where  the  fire  shall  first  begin  and  break  out, 
shall  be  judged  fit  to  be  pulled  down  or  blown  up,  to  hinder 
the  further  spreading  of  the  flames,  then  the  owner  or  own- 
ers of  such  house  or  houses  shall  receive  no  manner  of  satis- 
faction for  the  same  ;  any  thing  in  this  act  contained  to  the 
contrary  notwithstanding. 

Sec.  4.  And  he  it  further  enacted,  that  it  shall  and  may 
be  lawful  for  the  freemen  of  said  town,  at  their  aforesaid  an- 
nual meeting,  to  appoint  such  a  number  of  prudent  persons, 
of  known  fidelity,  in  the  several  parts  of  the  town,  as  they 
may  think  proper,  who  shall  be  denominated  and  called  fire- 
wards,  and  have  a  proper  badge  assigned  to  distinguish  them 
in  their  office,  to  wit,  a  speaking  trumpet  painted  red  or 
white ;  and  at  the  time  of  breaking  forth  of  fire,  and  during 
the  continuance  thereof,  they  shall  be  and  are  hereby  au- 
thorized and  fully  empowered  to  require  and  command  assist- 
ance for  suppressing  and  extinguishing  the  fire,  for  removing 
household  stuff*  and  furniture,  goods  and  merchandize,  out  of 
any  dwelling-houses,  store-houses,  or  other  buildings  actually 
on  fire  or  in  danger  thereof,  and  to  appoint  guards  for  taking 
care  of  and  securing  the  same,  as  also  to  require  and  com- 
mand assistance  for  the  pulling  down  or  blowing  up  of  any 
house  or  houses,  and  performing  all  and  every  service  and 
services  relative  thereto,  by  the  direction  of  the  presidents 
aforesaid,  or  any  one  of  them,  to  prevent  and  stop  the  further 
spreading  of  the  fire,  and  suppress  all  tumults  and  disorders  ; 
and  the  said  firewards,  from  time  to  time  appointed  as  afore- 
said, are  required,  upon  notice  of  the  breaking  forth  of  fire, 
to  take  each  one  his  badge,  and  repair  immediately  to  the 
place,  and  vigorously  exert  their  authority  for  obtaining  assist- 


FIREMEN.  55 

ance,  and  use  their  utmost  endeavors  to  extinguish  or  prevent 
the  spreading  of  the  fire,  and  to  preserve  and  secure  the  es- 
tates of  the  inhabitants  ;  due  obedience  is  hereby  required  to 
be  yielded  to  them  and  each  of  them,  in  the  said  service,  and 
all  disobedience,  neglect  or  refusal  in  any  person  or  persons 
shall  be  informed  of,  to  some  of  the  justices  of  the  peace  of 
the  said  town,  within  two  days  next  after  ;  and  if  any  person 
or  persons  shall  offend,  contrary  to  the  true  intent  and  mean- 
ing of  this  act,  he  or  they,  upon  conviction  thereof  before 
any  two  justices  of  the  peace,  shall  forfeit  and  pay  as  a  fine, 
the  sum  of  four  dollars  each,  to  be  levied  and  distributed,  at 
the  discretion  of  the  town  council  of  said  town  of  Provi- 
dence, among  such  poor  persons  as  shall  be  most  distressed 
by  the  fire ;  and  in  case  any  offender  shall  be  unable  to  pay 
such  fine,  he  shall  suffer  ten  days'  imprisonment. 

Sec.  5.  And  be  it  further  enacted,  that  if  any  evil-minded 
person  or  persons  shall  take  advantage  of  such  calamity, 
either  by  robbing,  plundering,  purloining,  embezzling,  con- 
veying away,  or  conceahng  any  goods,  wares,  merchandize, 
effects  or  things  whatsoever,  belonging  to  any  inhabitant  or 
inhabitants  of  the  said  town  of  Providence,  whose  house  or 
houses  is  or  are  on  fire,  or  endangered  thereby  so  as  to  put 
such  person  or  persons  upon  removing  his  or  their  goods  or 
effects,  and  shall  not  restore  or  give  notice  thereof  unto  the 
owner  or  owners,  (if  known,)  or  bring  them  to  such  pubhc 
place  or  places  as  shall  be  assigned  by  the  presidents  of  the 
firewards,  or  any  one  of  them,  within  the  space  of  two  days 
next  after  proclamation  made  for  that  purpose,  the  person  or 
persons  so  offending  shall,  on  conviction  thereof,  be  deemed 
thieves,  and  suflfer  the  utmost  severity  of  the  law. 


An  Act  concerning  firemen  in  the  city  of  Providence. 

(Passed  January,  1842.) 

Firemen  to  be  appointed  by  the  city  council — number — privileges. 

Be  it  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Providence 
are  hereby  authorized  to  elect  and  appoint  as  many  members 
of  the  engine  companies,  hydraulion  companies,  hose  com- 
panies, and  fire  hook  and  ladder  companies,  in  said  city,  as 
they  shall  deem  expedient,  not  exceeding  twelve  hundred  in 


56 


FIREMEN. 


aJli ;  and  the  persons  so  appointed  shall  enjoy  and  possess  all 
the  privileges  and  immunities  that  the  members  of  such  com- 
panies now  have  ;  and  the  said  city  council  shall  have  power 
to  apportion  the  firemen  so  appointed  among  the  several  fire 
companies  in  said  city,  in  such  manner  as  they  deem  best  ; 
any  provision  in  the  charters  of  said  companies  limiting  their 
number  of  members  to  the  contrary  notwithstanding. 


An  Act  concerning  firemen  in  the  village  of  Olneyville. 

(Passed  1834.) 

Inhabitants  of  other  towns  appointed  firemen,  to  have  privileges,  &c. 

Be  it  enacted  by  the  General  Assembly^  and  by  the  authority 
thereof  it  is  enacted^  that  it  shall  be  lawful  for  the  proper  au- 
thorities of  the  city  of  Providence,  to  elect  as  firemen  attach- 
ed to  the  fire  engines  located  in  that  part  of  said  city  called 
Olneyville,  any  inhabitant  of  the  towns  of  Johnston  or  North- 
Providence,  residing  within  a  suitable  distance  of  said  engine ; 
and  that  said  firemen  so  elected  shall  have  and  enjoy  all  the 
privileges  and  immunities  to  which  the  firemen  of  said  city 
are  now  or  may  hereafter  be  by  law  entitled ;  provided  that  no 
person  shall  be  appointed  an  officer  of  said  company  who  is 
not  a  resident  in  said  city  of  Providence. 


An  Act  empowering  fire  companies  in  the  town  of  Providence 
to  inflict  penalties, 

(Passed  November,  1826.) 

Fire  companies  to  have  power  to  enact  by-laws — what  penalties. 

Be  it  enacted  by  the  General  Assembly,  and  by  the  authority 
thereof  it  is  enacted,  that  the  several  fire  companies  elected 
by  the  town  of  Providence  be  and  they  hereby  are  author- 
ized to  enact  such  by-laws  and  regulations,  (not  contrary  to 
the  laws  of  the  state  or  town,)  and  impose  such  penalties  for 
the  violation  of  them,  as  they  may  deem  necessary  to  insure 
the  effectual  performance  of  the  duties  of  each  member  of 
said  companies,  not  exceeding  seven  dollars  in  any  one  year; 


GRAIN,  SALT  AND  SEA  COAL.  -^7 

and  they  hereby  are  authorized  to  sue  for  and  recover  said 
penalties,  before  any  court  of  competent  jurisdiction. 


An  Act  to  regulate  the  measuring  of  grain,  salt  and  sea  coaL 

(Digest  of  1844.) 

Section  (Section 


1.  Certain  towns  shall  elect  measurers — 
other  towns  may. 

2.  Measurers  to  be  engaged — may  ap- 
point deputies — grain,  <Slc.,  imported 
and  sold  from  vessel,  to  be  measured 
and  certified  if  above  certain  quantity. 

3.  Measurers'  fees. 

4.  To  measure  if  sold  from  store,  in  case 
of  dispute — fees. 


5.  Penalty  for  selling  from  vessel  with- 
out being  measured — proviso,  unless 
measured  by  custom-house  inspector. 
Penalty  on  measurer  for  refusal  or 
neglect. 

Grain  sold  by  weight  exempted  from 
act. 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  The  towns  of  Newport,  Bristol,  Warren, 
Warwick,  East-Greenwich,  North-Kingstown  and  North- 
Providence  shall,  and  any  other  towns  may,  at  any  annual 
meeting  for  the  choice  of  town  officers,  elect  in  each  of  said 
towns  not  exceeding  two  persons,  to  be  measurers  of  grain, 
salt,  shorts  and  sea  coal.  The  city  council  of  the  city  of 
Providence,  at  the  time  of  the  election  of  city  officers,  shall 
elect  at  least  two  such  measurers  for  said  city. 

Sec.  2.  Such  measurers  shall  be  engaged  as  other  town 
officers  are ;  and  they  shall  measure  or  cause  to  be  measured  in 
their  presence,  and  shall  certify  the  measure  of  all  corn,  rye, 
oats,  barley  and  other  grain,  and  all  shorts,  salt  and  sea  coal, 
imported  into  such  town  from  without  the  limits  of  this  state, 
that  shall  be  sold  and  delivered  from  any  vessel  or  water  craft 
in  said  town,  in  any  quantity  exceeding  twenty-five  bushels 
at  one  sale,  to  one  person  or  company ;  and  the  said  measu- 
rers are  hereby  authorized  and  empowered  to  appoint  so 
many  deputy  measurers  aforesaid,  and  to  employ  so  many 
assistants  as  they  may  deem  expedient. 

Sec.  3.  Said  measurers  shall  have  and  receive  as  com- 
pensation, for  every  bushel  of  grain,  shorts,  salt  or  sea  coal 
aforesaid,  by  them  measured  and  certified,  where  the  same 
shall  exceed  one  hundred  and  fifty  bushels,  one  half  of  one 
cent  per  bushel,  and  for  any  quantity  less  than  one  hundred 
and  fifty  bushels,  one  cent  per  bushel ;  to  be  paid  by  the 
vender  upon  a  tender  of  the  certificate  of  the  measurers ;  the 
vender  charging  one  half  of  the  same  to  the  purchaser,  unless 
otherwise  by  them  agreed  :  provided,  however,  that  no  measu- 
rer shall  be  entitled  to  receive  more  than  one  half  of  one 
8 


58 


GRAIN,  SALT  AND  SEA  COAL. 


cent  per  bushel  for  measuring,  when  the  quantity  shall  ex- 
ceed one  hundred  and  fifty  bushels,  deUvered  from  the  same 
vessel. 

Sec.  4.  It  shall  be  the  duty  of  the  said  measurers  or  dep- 
uties to  measure  and  certify  as  aforesaid,  in  all  cases  of  sale 
and  delivery  of  said  articles  in  the  towns  where  they  are  ap- 
pointed, in  quantity  aforesaid,  from  any  store  or  other  places 
of  seUing  in  said  towns,  whenever  a  dispute  shall  arise  be- 
tween the  seller  and  purchaser,  if  called  on  for  that  purpose 
by  either  party  ;  for  which  duty  they  shall  receive  the  same 
compensation,  and  payable  in  like  manner  as  herein  before 
provided. 

Sec.  5.  Every  person  who  shall  sell  and  deliver  from  any 
vessel  or  water  craft  in  said  towns,  any  such  grain,  shorts,  salt 
or  sea  coal,  in  a  quantity  exceeding  twenty-five  bushels,  at 
one  sale  and  delivery,  without  having  the  same  duly  measured 
and  certified  as  aforesaid  by  one  of  the  said  measurers,  or 
shall  refuse  to  permit  a  measurer  or  deputy  to  measure  such 
articles  when  sold  from  any  water  craft,  shall  forfeit  and  pay 
the  sum  of  fifty  dollars  for  every  such  oflfence :  to  be  recov- 
ered in  an  action  of  debt  before  any  court  of  competent  juris- 
diction ;  one  half  thereof  to  and  for  the  use  of  the  person  who 
shall  sue  for  the  same,  and  the  other  half  to  the  use  of  the 
town  where  the  oflfence  shall  be  committed :  provided,  how- 
ever,  that  nothing  in  this  act  shall  be  construed  to  apply  to  or 
aflTect  the  sale,  delivery  or  measuring  of  any  of  said  articles, 
in  the  sale  whereof  it  shall  have  been  contracted  by  the  seller 
and  purchaser,  that  the  same  shall  be  sold  and  delivei;ed  at 
custom-house  measure ;  the  same  being  measured  under  the 
inspection  of  a  custom-house  inspector. 

Sec.  6.  If  any  measurer  or  any  deputy  measurer  shall, 
after  being  duly  requested  to  perform  any  of  the  duties  pre- 
scribed by  this  act,  and  after  tender  of  his  fees  therefor,  re- 
fuse or  neglect  so  to  do,  he  shall  forfeit  and  pay  the  sum  of 
ten  dollars  for  every  such  oflfence  ;  to  be  recovered  in  an  ac- 
tion of  debt  before  any  justice  of  the  peace  within  the  town 
where  the  oflfence  shall  be  committed ;  one  half  thereof  to  the 
person  who  shall  prosecute  and  sue  therefor,  and  the  other 
half  to  the  use  of  said  town  where  such  neglect  occurred. 

Sec.  7.  All  grain  sold,  where  the  contract  is  that  it  shall 
be  delivered  by  weight,  shall  be  exempted  from  the  above 
law. 


LUMBER 


An  Ad  to  regulate  the  survey  and  admeasurement  of  lumber 
brought  by  water  or  imported  into  this  state, 

(Digest  of  1844.) 


Section 

1.  Surveyor  general  for  the  city  of  Prov- 
idence to  be  appointed  annually — duty 
of — may  appoint  deputies — duties  of. 

2.  Rules  of  inspection  and  admeasure- 
ment. 

Surveyor  general  to  appoint  one  depu- 
ty to  survey  ornamental  woods — rules 
for  the  inspection  of  such  woods. 
Surveyor  general  to  appoint  one  depu- 
ty to  measure  ship  timber. 
Fees  for  inspection  how  paid  and  divi- 
ded. 

Penalty  for  buying  or  selling  lumber 
not  inspected.  Lumber  purchased  to 
be  used  by  the  purchaser,  or  to  be  ex- 
ported from  the  state,  not  required  to 
be  inspected. 


3. 


5. 


Section 

7.   Penalty  for  defacing  surveyor's  marks. 
Penalty   for   fraudulently  surveying, 
and  for  neglect  of  duty. 
Person  dissatisfied  with  survey  of  de- 
puty inspector,  may  have  a  re-survey 
by  inspector  general. 
Surveyor   general  to  make  report  to 
city  council  annually,  which  shall  be 
puialisbed  by  the  council. 
Town  councils  of  otiier  towns   annu- 
ally to  appoint  surveyors  and  measu- 
rers of  lumber — duties  of. 
Each  surveyor  to  preserve  a  record  of 
all  his  surveys. 

Lumber   made  in  this    state,   not  re- 
quired to  be  measured. 
All  former  laws  repealed. 


8. 


10 


11 


12 


13 


14 


It  is  enacted  by  the  General  Assembly,  as  follows: 

Section  1.  There  shall  be  a  surveyor  general  of  lumber 
for  the  city  of  Providence,  who  shall  be  well  skilled  in  the 
surveying  and  admeasurement  of  lumber,  to  be  appointed  in 
the  month  of  February  annually,  by  the  city  council  of  said 
city,  who  shall  hold  the  office  for  one  year,  and  until  a  suc- 
cessor be  chosen,  unless  sooner  removed :  before  he  shall 
enter  upon  the  duties  of  his  office  he  shall  give  bond  with  two 
sureties  to  the  city  treasurer  in  the  sum  of  two  thousand  dol- 
lars for  the  faithful  discharge  of  his  duties ;  and  he  shall  be 
sworn  or  affirmed  faithfully  to  perform  the  same ;  and  such 
surveyor  general,  when  so  qualified,  shall  have  power  to  ap- 
point such  number  of  deputy  surveyors  as  he  may  judge  suf- 
ficient, not  less  than  six,  for  whose  official  conduct  he  shall 
be  answerable,  the  said  appointments  subject  to  the  approval 
of  the  city  council ;  and  shall  take  bonds  from  said  deputies 
for  the  faithful  discharge  of  their  duties  in  the  sum  of  five 
hundred  dollars  each,  with  two  sureties ;  and  they  shall  be 
sworn  or  affirmed  faithfully  to  perform  the  same ;  and  shall 
be  removable  for  neglect  of  duty  by  the  surveyor  general. 

Sec.  2.  In  the  survey  and  admeasurement  of  lumber 
brought  by  water,  or  imported,  discharged  or  dehvered  in 
said  city,  whether  on  the  land  or  in  a  boat  or  vessel,  the 
following  rules  and  regulations  are  hereby  established :  in  the 
survey  of  all  kinds  of  pine  boards,  planks  and  joists,  they  shall 
be  divided  into  three  sorts,  namely  :  the  first  sort  shall  be  de- 
nominated "clear,"  and  shall  include  boards  not  less  than  one 


60 


LUMBER. 


inch  thick,  free  from  rot,  knots  and  shakes,  and  square  edged ; 
provided  that  such  boards  as  may  be  clear  and  equal  in  qual- 
ity to  clear,  but  may  be  deficient  in  thickness  as  aforesaid, 
shall  be  received  as  clear  by  making  such  allowance  for  the 
deficiency  in  thickness  as  may  be  required  to  make  them 
equal  to  one  inch  thick.  The  second  sort  shall  be  denomin- 
ated ''  merchantable,"  and  shall  include  boards  not  less  than 
seven-eighths  of  an  inch  thick,  nearly  free  from  rot  and  nearly 
square  edged,  and  suitable  for  covering  buildings.  The  third 
sort  shall  be  denominated  *'  refuse,"  and  shall  include  all 
boards,  plank  and  joists  not  included  in  the  other  two  denom- 
inations, with  due  allowance  for  rots.  And  plank  and  joists 
shall  be  surveyed  as  to  quality  and  numbers  the  same  as 
boards,  and  their  contents  measured  and  marked,  what  they 
may  contain,  board  measure.  All  boards  less  than  three- 
fourths  of  an  inch  thick  shall  be  surveyed  and  measured  in 
the  same  manner,  as  to  quality,  quantity  and  numbers,  as 
though  they  were  of  the  thickness  of  one  inch. 

in  the  survey  of  spruce,  hemlock  and  juniper  boards,  plank, 
and  sawed  and  hewed  timber,  there  shall  be  two  sorts ;  the 
first  sort  shall  be  denominated  "  merchantable,"  and  shall  in- 
clude all  boards,  plank,  joist  and  timber  that  are  sound  and 
square  edged  and  well  sawed ;  the  second  sort  shall  be  de- 
nominated "  refuse,"  and  shall  include  all  other  descriptions, 
with  due  allowance  for  rot. 

In  the  survey  of  ash,  maple,  and  other  hard  wood  boards, 
plank,  joists  and  timber,  there  shall  be  two  sorts ;  the  first 
sort  shall  be  denominated  "  merchantable,"  and  shall  include 
all  boards,  plank,  joist  and  timber  that  are  sound  and  free 
from  bad  knots,  and  free  from  shakes  and  rots  ;  the  second 
sort  shall  be  denominated  "  refuse,"  and  shall  include  all 
other  descriptions,  with  due  allowance  for  rots. 

In  the  survey  of  all  boards,  plank,  joists  and  timber,  the 
contents  of  the  same  in  board  measure  shall  be  truly  marked 
thereon  in  plain  and  durable  numbers,  and  all  other  marks,  if 
not  correct,  shall  be  erased  ;  and  in  marking  the  contents  of 
any  lumber,  the  board  measure  marks  commonly  used  in  mark- 
ing boards  shall  be  used,  and  no  other ;  and  the  merchantable 
lumber  shall  be  marked  thus  a  ,  and  the  refuse  lumber  shall 
be  marked  ^,  and  shall  be  plainly  and  durably  marked  on 
each  and  every  piece  ;  deduction  shall  be  made  for  splits  not 
exceeding  in  any  case  one  half  the  extent  of  the  split.  All 
boards,  plank,  joist  and  timber  shall  be  received  and  sold 
according  to  the  contents  thereof,  as  fixed  and  marked  under 
the  aforesaid  regulations ;  but  all  surveys  shall  be  made  under 


LUMBER 


61 


the  inspection  of  the  surveyor  general  or  by  his  deputies,  by 
his  directions ;  and  apphcation  shall  be  made  by  all  persons 
requiring  surveys  to  the  surveyor  general,  who  shall  direct 
his  deputies  to  perform  their  respective  duties  in  rotation. 

Sec.  3.  It  shall  be  the  duty  of  the  surveyor  general, 
agreeably  to  the  first  section  of  this  act,  to  appoint  one  or 
more  deputy  surveyors,  whose  duty  shall  be  to  survey  mahog- 
any, cedar  and  cherry-tree  boards,  plank,  joist  and  timber, 
and  other  ornamental  wood  and  lumber.  In  the  survey  of 
mahogany  and  cedar  timber,  the  following  rules  and  regula- 
tions are  hereby  established :  in  the  survey  and  admeasure- 
ment of  mahogany  and  cedar  timber,  there  shall  be  allowed, 
if  the  same  is  sound  and  free  from  wane,  two  inches  on  one 
side  of  the  square,  and  one  inch  on  the  other  side,  and  two 
inches  in  length  ;  and  when  the  timber  is  wider  on  the  one 
side  than  on  the  other,  the  two  inches  shall  be  taken  from  the 
narrow  side  ;  if  waney,  two  inches  on  each  side  of  the  square  ; 
and  for  rots,  shakes,  fee,  there  shall  be  allowance  made  as  the 
surveyor  may  deem  expedient,  not  exceeding  one  half.  All 
timber  that  is  worm-eaten,  much  rotten,  badly  shaked,  or 
very  waney,  shall  be  denominated  "  refuse,"  due  allowance 
being  made  for  rot.  In  the  survey  and  admeasurement  of 
mahogany,  cedar  and  cherry-tree  boards,  planks  and  joist, 
and  other  ornamental  wood  and  lumber,  such  as  are  sound 
and  free  from  bad  knots  and  shakes  shall  be  denominated 
"  merchantable  ;"  all  others  shall  be  denominated  "  refuse," 
and  due  allowance  made  for  rots  and  shakes. 

Sec.  4.  It  shall  be  the  duty  of  the  surveyor  general, 
agreeably  to  the  first  section  of  this  act,  to  appoint  one  or 
more  deputy  surveyors,  whose  duty  shall  be  to  survey  oak  and 
other  hard  wood  used  in  ship  building,  whether  brought  by 
land  or  water. 

Sec  6.  Fees  for  surveying  and  marking  according  to  the 
foregoing  provisions  of  this  act,  and  to  be  paid  by  the  purchaser, 
shall  be  as  follows,  viz  :  for  pine,  spruce,  hemlock  and  juniper 
boards,  plank,  joist  and  sawed  timber,  twenty-five  cents  per 
thousand  feet,  board  measure.  For  mahogany,  cedar,  cherry- 
tree  timber,  boards,  plank  and  joist,  fifty  cents  per  thousand 
feet,  board  measure.  For  oak  and  other  hard  wood  for  ship 
building,  twenty-five  cents  per  ton.  For  ash,  maple,  birch, 
and  other  hard  wood,  forty  cents  per  thousand  feet,  board 
measure ;  of  which  fees,  three  cents  on  every  thousand  feet 
of  pine,  spruce,  hemlock  and  juniper  boards,  plank,  joist,  and 
sawed  timber,  four  cents  on  every  ton  of  oak  and  other  ship 
timber,  six  cents  on  every  thousand  feet,  board  measure,  of 


62  LUMBER 

mahogany,  cedar  and  other  ornamental  lumber,  shall  be  paid 
over  to  the  surveyor  general  for.  his  use. 

Sec.  6.  It  shall  not  be  lawful  for  any  person  within  the 
city  of  Providence  to  sell,  purchase  or  take  the  delivery, 
whether  purchased  without  the  state  or  within  it,  or  for  their 
own  personal  use  or  otherwise,  any  boards,  plank,  joist  or 
timber  brought  into  said  city,  unless  the  same  shall  be  sur- 
veyed, marked  and  numbered,  conformably  to  the  provisions 
of  this  act ;  except  such  as  are  bona  fide  intended  to  be  ex- 
ported beyond  sea,  and  shipped  for  the  purpose  of  such  ex- 
portation within  one  year  after  the  same  shall  have  been  sold 
and  dehvered  to  the  person  first  purchasing  or  receiving  the 
same  in  said  city ;  and  any  person  or  persons  importing  or 
purchasing  lumber  for  their  own  private  use  and  benefit,  to  be 
used  in  building  on  their  own  or  leased  land,  upon  giving  a 
certificate  to  that  effect  to  the  surveyor  general,  shall  not  be 
subject  to  have  the  same  surveyed  and  measured  according 
to  this  act ;  but  should  they  dispose  of  it  in  any  other  manner 
than  is  provided  in  this  section,  they  shall  be  liable  to  the 
same  penalties  as  though  said  certificate  had  not  been  given ; 
and  all  persons  purchasing  lumber  without  the  state  for  the 
purpose  of  transhipping  through  this  state  to  the  state  of 
Massachusetts  or  Connecticut,  shall  not  be  Hable  to  have  the 
same  surveyed  and  measured,  unless  said  lumber  shall  be  dis- 
posed of  within  this  state  ;  and  in  that  case  shall  be  liable  to 
all  the  provisions  and  penalties  of  this  act ;  and  any  person 
or  persons  who  shall  sell,  purchase,  deUver  or  take  the  dehv- 
ery  of  any  boards,  plank,  joist  and  timber,  not  surveyed, 
marked  or  numbered,  as  herein  is  provided,  subject  only  to 
the  foregoing  exceptions,  shall  forfeit  and  pay  for  all  boards, 
plank,  joist  and  timber  so  sold,  purchased  or  delivered,  one 
dollar  per  thousand  feet,  board  measure,  and  the  same  for 
any  less  amount ;  to  be  sued  for  and  recovered  in  any  court 
of  competent  jurisdiction,  by  the  surveyor  general,  whose  duty 
it  shall  be  to  prosecute  for  all  violations  of  this  act  that  shall 
come  to  his  knowledge ;  one  half  thereof  to  his  use,  and  the 
other  half  to  the  use  of  the  state. 

Sec.  7.  If  any  person  or  persons  shall  be  guilty  of  cross- 
ing, altering,  or  wilfully  defacing  any  of  the  marks  affixed  to 
any  lumber  by  any  deputy  surveyor,  he  or  they  shall  forfeit  and 
pay  a  sum  not  less  than  five  dollars,  nor  more  than  twenty 
dollars ;  to  be  prosecuted  by  the  surveyor  general,  and  the 
forfeiture  to  be  sued  for,  recovered  and  applied,  as  is  provided 
in  the  sixth  section. 

Sec.  8.     If  any  person  appointed  to  office  under  this  act. 


LUMBER. 


6» 


or  his  deputies,  shall  be  guilty  of  or  connive  at  any  fraud  or 
deception  in  surveying,  marking  or  numbering  the  contents 
of  any  boards,  plank,  joist  or  timber,  he  shall  forfeit  and  pay 
for  every  such  offence  a  sum  not  less  than  ten  dollars,  nor 
more  than  twenty  dollars  ;  and  if  the  surveyor  general  or  his 
deputies,  on  due  notice  and  request,  shall  unreasonably  neg- 
lect or  refuse  to  perform  the  duties  enjoined  by  this  act,  he 
or  they  shall  forfeit  and  pay  for  every  offence,  such  a  sum, 
not  less  than  ten  dollars,  nor  more  than  twenty  dollars ;  one 
half  of  the  aforesaid  forfeiture  to  be  recovered  by  him  or 
them  who  shall  sue  for  the  same,  to  his  or  their  use,  and  the 
other  half  to  the  use  of  the  state,  before  any  court  of  compe- 
tent jurisdiction. 

Sec.  9.  If  any  person  shall  be  dissatisfied  with  the  survey 
and  admeasurement  of  any  lumber  purchased  or  sold  by  him, 
by  any  deputy  or  deputies  appointed  by  the  surveyor  general, 
he  may  require  the  surveyor  general,  with  one  or  more  depu- 
ties, at  the  option  of  the  surveyor  general,  to  reinspect  the 
same  ;  and  should  they  find  an  error  in  the  survey,  over  and 
above  the  amount  of  five  dollars,  the  deputy  who  surveyed 
the  lumber  shall  receive  no  compensation  for  his  services  ;  and 
shall  be  liable  to  the  penalties  provided  in  the  eighth  section 
of  this  act ;  and  the  surveyor  general  and  his  deputy  or  depu- 
ties shall  receive  for  their  compensation  twenty-five  cents  per 
thousand  feet ;  and  if  the  surveyor  general  on  the  reinspec- 
tion  shall  find  the  lumber  correctly  surveyed  and  measured 
in  the  first  instance,  he  shall  receive  for  his  compensation  and 
that  of  his  deputy  or  deputies,  twelve  cents  per  thousand  feet  ; 
the  first  mentioned  compensation  in  this  section,  to  be  paid 
by  the  purchaser,  and  last  mentioned  by  the  complainant  ; 
the  expense  of  overhauling  lumber  for  the  purpose  of  rein- 
spection,  under  the  provisions  of  this  section,  shall  be  paid  by 
the  complainant ;  and  in  all  instances  the  compensation  for 
the  surveyor  general  and  his  deputy  or  deputies  shall  be 
equally  divided  between  them. 

Sec.  10.  It  shall  be  the  duty  of  the  surveyor  general  to 
make  return  to  the  city  council  of  the  city  of  Providence,  on 
the  first  Monday  in  February  annually,  of  all  lumber  surveyed 
by  himself  or  his  deputies  ;  specifying  the  various  kinds  and 
qualities,  and  by  whom  surveyed,  and  the  amount  of  all  fees 
received  by  him  and  his  deputies  pursuant  to  this  act.  And 
it  shall  be  the  duty  of  the  said  city  council  to  cause  said  re- 
turns to  be  pubHshed  in  one  of  the  newspapers  published  in 
said  city. 

Sec.  11.     The  town  councils  of   all  other  towns  where 


64  LUMBER. 

boards,  plank,  timber,  joist  and  scantling  are  imported  for 
sale,  shall  annually,  on  or  before  the  first  day  of  March  in  each 
year,  appoint  one  or  more  persons,  surveyors  and  measurers 
of  boards,  plank,  timber,  joist  and  scantling,  who  shall  hold 
their  offices  for  one  year  unless  sooner  removed  by  the  tov^n 
council ;  vy^ho  for  neglect  of  duty  shall  make  such  removalj 
and  fill  the  vacancy  caused  thereby  :  and  every  surveyor  and 
measurer  so  appointed,  previous  to  entering  upon  the  duties 
of  his  office,  shall  be  duly  sworn  or  affirmed  to  the  faithful 
discharge  of  the  same,  and  shall  give  bond  with  two  sureties 
to  the  treasurer  of  the  town  in  which  he  is  appointed,  in  the 
sum  of  five  hundred  dollars,  for  the  faithful  performance  of 
said  duties,  and  shall  be  subject  to  all  the  duties,  provisions 
and  penalties  contained  in  the  foregoing  sections. 

Sec.  12.  Each  surveyor  and  measurer  shall  keep  a  true 
and  faithful  record  of  all  surveys  of  lumber  made  by  him,  to- 
gether with  all  figures  made  by  him  in  taking  an  account  of 
the  same,  and  said  record  shall  be  open  to  the  inspection  of 
all  persons. 

Sec.  13.  This  act  shall  not  be  construed  as  requiring  the 
survey  or  admeasurement  of  any  lumber  made  in  any  town  in 
this  state. 

Sec.  14.  All  laws  heretofore  passed  for  the  survey  and 
admeasurement  of  lumber  are  hereby  repealed. 


An  Act  in  amendment  of  '^  An  Act  to  regulate  the  survey  and 
admeasurement  of  lumber  brought  by  water  or  imported  into 
this  state.^^ 

(Passed  January,  1845.) 

Section  [  Section 

1.    Soft  pine  lumber  how  measured.  |    2.   Part  of  former  act  repealed. 

It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  In  the  survey  of  soft  pine  boards,  planks  and 
joists,  they  shall  be  divided  into  five  sorts,  namely  : 

The  first  sort  shall  be  denominated  No.  One,  and  marked 
thus,  I ;  and  shall  include  boards  not  less  than  one  inch  thick, 
free  from  rot,  knots  and  shakes,  and  square  edged  :  provided, 
that  such  boards  as  may  be  clear,  and  equal  in  quality  to 
clear,  but  may  be  deficient  in  thickness  as  aforesaid,  shall  be 
received  as  No.  One,  by  making  such  allowance  for  the  defi- 
ciency in  thickness  as  may  be  required  to  make  them  equal 
to  one  inch  thick. 


INSPECTOR  OF  BEEF  AND  PORK. 


65 


The  second  sort  shall  be  denominated  No.  Two,  and  mark- 
ed thus,  II. ;  and  shall  include  boards  not  less  than  seven- 
eighths  of  an  inch  thick,  nearly  free  from  rot,  and  nearly 
square  edged,  and  nearly  clear  from  knots. 

The  third  sort  shall  be  denominated  No.  Three,  and  mark- 
ed thus.  III. ;  and  shall  include  boards  with  sound  fast  knots, 
nearly  square  edged,  and  suitable  for  barn  and  box  boards, 
and  covering  buildings. 

The  fourth  sort  shall  be  denominated  No.  Four,  and  mark- 
ed thus,  ^  ;  shall  include  boards  worm  eaten,  some  tender 
with  rot,  shaked  and  considerable  waney. 

The  fifth  sort  shall  be  marked  thus,  X ;  and  shall  consist  of 
the  very  waney,  sappy  and  rotten. 

Plank  and  joists  shall  be  surveyed  as  to  quality  and  num- 
bers, the  same  as  boards,  and  their  contents  measured  and 
marked  what  they  may  contain  board  measure. 

Sec.  2.  So  much  of  the  act  passed  at  the  January  session, 
1844,  to  which  this  is  in  amendment,  as  is  inconsistent  with 
this  act  is  hereby  repealed. 


An  Act  authorizing  the  city  of  Providence  to  elect  an  inspector 
of  beef  and  pork,  for  said  city, 

(Passed  June,  1833.) 

City  council  may  elect  inspector — powers — bond,  &c. 

Section  1.  Be  it  enacted  by  the  General  Assembly ,  and  by 
the  authority  thereof  it  is  enacted,  that  it  shall  and  may  be 
lawful  for  the  city  council  of  the  city  of  Providence,  at  the 
annual  election  of  officers  for  said  city,  hereafter,  to  appoint 
one  city  inspector  of  beef  and  pork  within  said  city  ;  which 
said  inspector  shall  have  all  the  rights,  powers,  fees  and  privi- 
leges, and  be  subject  to  all  the  duties,  penalties  and  forfeit- 
ures, which  by  law  appertain  or  are  incident  to  the  office  of 
inspector  general  of  beef  and  pork  for  this  state.  And  the 
said  inspector  shall,  before  he  enters  upon  the  duties  of  his 
office,  be  sworn  faithfully  to  perform  the  duties  of  the  same  ; 
and  shall  give  bond  in  manner  and  form  as  is  by  law  required 
of  the  said  inspector  general.  And  further,  it  shall  and  may 
be  lawful  for  said  city  council,  as  soon  as  may  be  after  the 
passage  of  this  act,  to  appoint  one  city  inspector,  in  manner 
9 


66 


SLAUGHTER  HOUSES.— DOGS. 


and  form  aforesaid,  to  serve  in  said  office,  being  first  duly 
qualified  as  before  mentioned,  until  the  next  annual  election 
of  city  officers. 


An  Act  respecting  slaughter  houses  in  the  town  of  Providence. 

(Passed  June,  1827.) 

Slaughter  houses  not  to  be  erected  or  continued,  without  consent  of  town  council. 

Be  it  enacted  by  the  General  Assembly,  and  by  the  author- 
ity thereof  it  is  enacted,  that  from  and  after  the  first  day  of 
September  next,  no  slaughter  house  shall  be  erected  or  con- 
tinued, nor  the  business  of  slaughtering  cattle  be  carried  on 
in  the  town  of  Providence,  except  in  such  place  or  places  as 
the  town  council  of  said  town  shall  designate  ;  and  any  per- 
son who  shall  erect  or  continue  any  slaughter  house,  or  be 
concerned  in  slaughtering  cattle  or  other  animals  for  market, 
contrary  to  this  act,  shall  forfeit  and  pay  the  sum  of  one  hun- 
dred dollars,  and  costs  of  prosecution,  for  every  house  so 
erected,  and  for  every  day's  continuance  in  violation  of  this 
act ;  to  be  recovered  by  indictment  or  action  of  debt,  before 
any  court  of  competent  jurisdiction,  by  the  town  treasurer  of 
said  town,  for  the  use  of  said  town. 


An  Act  concerning  dogs. 

(Digest  of  1844.) 


Section 

1.  Towu   councils   authorized    to   make 
£,».';  laws  concerning  dogs. 

2.  Town  councils  authorized  to  impose  a 
tax  on  the  owners  of  dogs. 


Section 

3.  Owners  of  dogs  to  be  liable  for  dam- 
ages done  by  them  to  sheep  or  cattle. 
On  second  judgment,  dog  to  be  killed. 


It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1 .  The  city  council  of  the  city  of  Providence, 
and  the  town  councils  of  the  several  towns,  are  severally  em- 
powered to  make  such  laws  concerning  dogs  in  their  respec- 
tive towns  as  they  shall  deem  expedient ;  to  be  enforced  by 
the  destruction  of  the  animal,  or  by  pecuniary  penalties  not 
exceeding  five  dollars,  to  be  recovered  by  action  of  debt,  to 


ANIMALS. 


67 


such  use  as  said  city  council  or  town  council  in  their  respec- 
tive towns  may  prescribe. 

Sec.  2.  The  town  councils  of  the  several  towns  are  au- 
thorized to  impose  such  yearly  tax  upon  every  person  in  their 
respective  towns  who  shall  own  or  keep  any  dog,  for  every 
dog  owned  or  kept,  as  they  shall  judge  proper  ;  and  also  to 
make  such  laws  to  prevent  damage  being  done  to  flocks  of 
sheep  and  cattle  as  they  may  deem  necessary. 

Sec.  3.  When  any  person  shall  have  any  sheep  or  cattle 
worried,  torn  or  killed  by  any  dog,  he  shall  recover  his  dama- 
ges against  the  owner  of  such  dog,  in  an  action  on  the  case, 
with  costs  of  suit ;  and  if  afterwards  any  damage  be  done  by 
such  dog  to  any  sheep  or  cattle,  the  owner  of  such  dog  shall 
pay  to  the  party  aggrieved  double  the  damages  ;  to  be  re- 
covered in  like  manner  as  aforesaid,  with  costs ;  and  an  order 
shall  be  made  by  the  court  before  whom  such  second  re- 
covery shall  be  had,  for  killing  such  dog,  and  the  same  shall 
be  done  accordingly  by  the  officer  who  shall  be  charged 
therewith. 


An  Act  authorizing  the  city  of  Providence  to  restrain  certain 
animals  from  going  at  large. 

(Passed  January,  1845.) 


Section 
1.  Power   to    prohibit    certain    animals 
from  going  at  large. 


Section 

2.  Power  to  declare  swine  found  at  large 
to  be  forfeited. 


It  is  enacted  by  the  General  Assembly,  as  follows : 

Section  1.  From  and  after  the  passing  of  this  act,  the 
city  of  Providence  shall  have  full  power  to  enact  ordinances 
and  regulations  prohibiting  horses,  cattle,  sheep,  hogs,  goats 
and  geese  from  going  at  large  within  the  limits  of  said  city  ; 
and  to  inflict  such  penalties  and  fines  for  the  breach  of  such 
ordinances  and  regulations  as  they  are  authorized  to  inflict 
by  the  provisions  of  an  act  entitled  "  An  Act  to  incorporate 
the  city  of  Providence." 

Sec.  2.  The  said  city  of  Providence  shall  also  have  au- 
thority to  declare  all  swine  found  running  at  large  within  the 
limits  of  said  city  to  be  forfeited  to  and  for  the  use  of  the 
poor  of  said  city,  or  of  such  persons  as  may  be  authorized  to 
seize  the  same. 


68 


CONTAGIOUS  DISEASES.— FIRE-ARMS. 


An  Act  in  amendment  of  an  act  entitled  "  An  Act  to  prevent 
the  spreading  of  contagious  or  infectious  sickness  in  this 
state, ^^ 

(Passed  January,  1845.) 

Record  of  persons  vaccinated  need  not  be  kept  under  certain  circumstances. 

It  is  enacted  by  the  General  Assembly,  as  follows  : 

Section  1.  The  records  required  by  the  twenty-third  and 
twenty-fourth  sections  of  the  act  to  which  this  is  in  amend- 
ment need  not  be  kept  in  the  city  of  Providence,  so  long  as 
provision  is  annually  made  by  said  city  for  the  gratuitous  vac- 
cination of  the  inhabitants  thereof. 


An  Act  in  relation  to  the  discharge  of  fire-arms,  and  the  firing 
and  selling  of  fire-works. 

(Digest  of  1844.) 


Section 

1.  Forfeiture  for  firing  guns  loaded  with 
ball  or  shot  across  road,  street,  &c. 

2.  Forfeiture  for  making  bonfire  in  pub- 
lic street,  <fec. 

3.  Forfeiture  for  firing  musket,  &c.,  in 
Providence — in  certain  other  towns 
and  places. 


Section 

4.  Forfeiture  for  selling  fire-works  with- 
out license — or  using  the  same. 

5.  Forfeiture   for  firing    gun,    &c.,   be- 
tween sun-set  and  sun-rise. 

6.  Forfeitures,   how   recovered   and  ap- 
propriated. 


It  is  enacted  by  the  General  Assembly,  as  follows: 

Section  1.  If  any  person  shall  fire  any  rifle,  gun,  mus- 
ket, blunderbuss  or  pistol,  loaded  with  a  bullet  or  shot,  in  or 
across  any  road,  street,  square  or  lane,  he  shall  forfeit  and  pay 
not  less  than  three  dollars  nor  more  than  ten  dollars. 

Sec  2.  if  any  person  shall  make  a  bonfire  in  any  public 
street,  road,  square  or  lane,  without  special  permission  from 
the  town  council  of  the  town  in  which  the  same  shall  be  made, 
he  shall  forfeit  a  sum  not  exceeding  ten  dollars. 

Sec.  3.  If  any  person  shall  fire  any  musket,  rifle,  fowling- 
piece,  blunderbuss  or  other  small  arms,  not  being  at  the  time 
under  military  duty,  within  the  following  limits,  viz :  the 
whole  city  of  Providence  excepting  the  public  waters  and  the 
public  rivers  therein  ;  also,  such  parts  of  the  towns  of  Crans- 
ton and  Johnston  as  are  contained  within  the  following  limits, 
to  wit :  beginning  on  the  Pawtuxet  road,  at  the  Providence 
line ;  thence  running  southerly  on  said  Pawtuxet  road  until 
it  comes  to  the  cross  road  leading  to  Cranston  road  ;  thence 


HARBOR  AND  PUBLIC  WATERS. 


69 


northerly  and  westerly  with  said  cross  road  and  Cranston 
road  until  it  comes  to  the  road  which  leads  over  Rocky-hill 
to  Johnston  meeting-house  ;  thence  northerly  with  said  last 
mentioned  road  until  it  meets  the  Johnston  road  near  Johns- 
ton meeting-house ;  thence  easterly  with  said  Johnston  road 
until  it  comes  to  the  line  of  Providence,  to  the  place  of  be- 
ginning ;  also  within  one  mile  upon  land  from  the  state-house 
in  the  town  of  Bristol ;  and  the  whole  town  of  North-Provi- 
dence ;  except  upon  land  owned  or  occupied  by  him,  or  ex- 
cept on  other  days  than  the  first  day  of  the  week,  by  permis- 
sion of  the  owner  or  occupant  of  the  land  on  and  into  which 
he  may  shoot,  he  shall  forfeit  and  pay  the  sum  of  five  dollars 
for  the  first  oflfcnce,  and  ten  dollars  for  every  subsequent  of- 
fence. 

Sec.  4.  If  any  person  shall  sell,  offer  for  sale,  enkindle  or 
use,  or  suffer  to  be  sold,  offered  for  sale,  enkindled  or  used, 
by  his  wife,  children  or  servants  or  other  persons  whomsoever, 
any  rocket,  cracker,  squib  or  other  fire-works  of  a  combusti- 
ble nature  ordinarily  used  for  exhibition  or  amusement,  un- 
less he  shall  previously  obtain  special  hcense  from  the  town 
council  of  the  town,  and  for  the  purpose  of  exhibition  on  a 
suitable  occasion,  he  shall  forfeit  and  pay  the  sum  of  ten  dol- 
lars for  each  offence. 

Sec.  5.  If  any  person  shall  fire  any  gun,  rifle,  musket  or 
blunderbuss  in  any  road,  street,  lane  or  tavern,  or  other  pub- 
lic house,  after  sun-setting  and  before  sun-rising,  he  shall  for- 
feit the  sum  of  five  dollars  for  the  first  offence,  and  seven  dol- 
lars for  every  subsequent  offence. 

Sec.  6.  All  forfeitures  accruing  under  this  act  shall  be  re- 
covered by  action  of  debt  before  any  justice  of  the  peace  in 
the  town  where  they  shall  be  incurred :  one  half  thereof  to 
and  for  the  use  of  the  state,  and  the  other  half  to  and  for  the 
use  of  the  person  who  shall  sue  for  the  same.  But  no  such 
action  shall  be  sustained  unless  commenced  within  thirty  days 
from  the  time  the  same  shall  accrue. 


An  Act  in  addition  to  an  act  entitled  "  An  Act  relative  to  the 
harbor  and  public  waters  of  the  town  of  Providence, ^"^ 

(Passed  June,  1845.) 

Section 
1.  The  city  council   may  authorise   rail- 
road depot  upon  public  waters. 

It  is  enacted  by  the  General  Assembly^  as  follows : 

Section  1.     The  city  council  of  the  city  pf  Providence 


Section 
2.  Private  property  protected. 


70  HARBOR  AND  PUBLIC  WATERS. 

are  hereby  authorized  to  grant,  upon  such  terms  and  condi- 
tions as  they  may  deem  for  the  pubUc  good,  to  any  rail-road 
company  whose  rail-road  terminates  in  said  city,  the  right 
and  privilege  of  establishing  a  depot  upon  any  part  of  the 
land  covered  by  the  public  waters  in  said  city  above  Wey bos- 
set  bridge,  and  of  constructing  such  wharves,  causeways, 
embankments  and  bridges  as  may  be  necessary  and  proper  to 
contain  the  buildings  and  accommodations  required  for  such 
depot ;  provided  that  the  plans  of  all  wharves,  causeways, 
embankments,  bridges  and  buildings,  proposed  to  be  construc- 
ted for  any  such  depot,  shall  be  specially  approved  by  the 
city  council  of  said  city,  before  the  same  shall  be  constructed. 
Sec.  2.  Nothing  in  this  act  shall  be  construed  to  surren- 
der or  impair  any  rights  which  belong  to  the  state  in  that  part 
of  said  land  covered  by  the  public  waters,  which  said  city 
does  not  appropriate  to  the  use  of  such  rail-road  company, 
nor  to  authorize  the  taking  of  private  property  for  the  use  of 
any  rail-road  company,  excepting  as  is  by  law  provided. 


ORDINANCES 


OF    THE 


CITY  OF  PROVIDENCE. 


An  Ordinance  prescribing  the  time  when  certain  ordinances 
shall  take  effect,  and  the  manner  of  publishing  the  same. 


Section 

1.   Ordinances  named- 
operation. 


-when  to  go  into 


Section 
2.  Repeal  of  former  ordinances. 
3  «fc  4.  Ordinances  how  to  be  published 


Whereas  the  committee  appointed  to  revise  the  ordinances 
of  the  city  have  reported  certain  bills,  of  which  those  herein 
after  mentioned  by  their  titles  have  been  carefully  examined 
and  considered  by  this  city  council ;  therefore, 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows  : 

Section  1.  The  several  ordinances,  the  titles  of  which 
are  hereinafter  mentioned,  are  hereby  declared  to  be  the  or- 
dinances of  this  city,  and  all  such  parts  of  them  as  are 
amendments  or  alterations  of  any  previous  ordinance  shall 
go  into  operation  and  effect  from  and  after  the  thirty-first 
day  of  May  next,  viz : 

An  Ordinance  designating  the  officers  to  be  appointed  an- 
nually by  the  city  council,  in  addition  to  those  specially  desig- 
nated and  required  to  be  appointed  by  the  city  charter. 

An  Ordinance  appointing  the  times  and  place  for  holding 
the  municipal  court. 

An  Ordinance  prescribing  the  manner  of  notifying  ward 
meetings  for  the  purpose  of  elections. 


72  ORDINANCES  WHEN  TO  TAKE  EFFECT. 

An  Ordinance  fixing  the  compensation  of  wardens  and 
ward  clerks. 

An  Ordinance  prescribing  the  duties  of  the  city  marshal. 

An  Ordinance  prescribing  the  duties  of  the  city  clerk  and 
city  sergeant,  in  certain  cases. 

An  Ordinance  prescribing  the  duties  of  the  overseer  of  the 
public  bridges. 

An  Ordinance  designating  the  duties  of  the  city  audit. 

An  Ordinance  providing  for  the  establishment  of  a  pubhc 
watch. 

An  Ordinance  for  the  prevention  of  fires. 

An  Ordinance  appointing  town  meetings  in  relation  to  the 
Dexter  donation. 

An  Ordinance  in  relation  to  the  streets  and  highways. 

An  Ordinance  for  the  preservation  of  sidewalks. 

An  Ordinance  describing  and  establishing  the  city  market 
place. 

An  Ordinance  for  the  regulation  of  the  city  markets  and 
market  place. 

An  Ordinance  in  relation  to  the  city  pumps  and  wells. 

An  Ordinance  in  relation  to  the  north  burial  ground. 

An  Ordinance  respecting  quarantine. 

An  Ordinance  to  prohibit  the  depositing  animal  or  vegeta- 
ble substances  in  certain  waters  of  the  city. 

An  Ordinance  relative  to  the  removal  of  the  contents  of 
privy  vaults. 

An  Ordinance  to  prohibit  revelhng  and  other  disturbances 
in  the  pubUc  streets. 

An  Ordinance  to  prevent  the  firing  of  guns  and  pistols  in 
the  streets  and  other  public  places. 

An  Ordinance  to  prevent  the  ringing  of  bells  between  sun- 
set and  one  hour  after  sun-rise. 

An  Ordinance  in  relation  to  dogs. 

An  Ordinance  establishing  the  city  seal,  and  seals  for  the 
board  of  aldermen  and  for  the  municipal  court. 

An  Ordinance  in  relation  to  nuisances. 

An  Ordinance  to  prohibit  bathing  in  certain  places. 

An  Ordinance  to  prevent  injury  to  lamp  posts,  fences  and 
buildings. 

An  Ordinance  in  relation  to  weights,  measures,  scales  and 
balances. 

An  Ordinance  in  relation  to  the  burial  of  the  dead  bodies 
of  animals. 

An  Ordinance  in  relation  to  engine  houses  and  fire  appa- 
ratus. 


ORDINANCES  WHEN  TO  TAKE  EFFECT.  73 

An  Ordinance  in  relation  to  the  bonds  of  collector  of 
taxes. 

An  Ordinance  in  relation  to  wood  and  coal  carts. 

An  Ordinance  in  relation  to  the  city  debt. 

An  Ordinance  establishing  street  commissioners,  prescribing 
the  duties  thereof,  and  for  other  purposes. 

An  Ordinance  in  relation  to  public  schools. 

An  Ordinance  in  relation  to  the  interment  of  the  dead. 

An  Ordinance  to  prohibit  the  opening  of  places  of  trade 
and  entertainment  on  Sundays  or  late  at  night. 

An  Ordinance  in  relation  to  the  hay  market. 

An  Ordinance  in  relation  to  cross-walks. 

An  Ordinance  to  prevent  the  going  at  large  of  certain  ani- 
mals. 

An  Ordinance  directing  the  mode  of  publishing  the  ordi- 
nances of  the  city  of  Providence. 

Sec.  2.  All  ordinances  heretofore  passed  by  the  town  or 
town  council  of  the  town  of  Providence,  or  by  the  city  coun- 
cil of  the  city  of  Providence,  which  are  repugnant  to  the 
provisions  of  the  above  named  ordinances,  shall  be  and  they 
are  hereby  declared  to  be  repealed,  from  and  after  the  thirty- 
first  day  of  May  next :  provided^  however^  that  nothing  in  this 
ordinance,  or  in  any  of  the  above  named  ordinances,  shall 
defeat,  discharge,  or  in  any  way  affect  any  right,  title,  inter- 
est, duty,  obhgation,  penalty,  forfeiture,  claim  or  demand, 
which  shall  have  vested,  enured,  accrued  or  become  forfeited 
by  virtue  of  the  ordinances  now  in  force,  or  which  shall  be 
in  force  until  and  including  the  said  thirty-first  day  of  May 
next ;  nor  shall  any  thing  in  this  ordinance,  or  in  any  of  the 
ordinances  herein  before  named,  be  construed  to  bar,  dis- 
charge or  abate  any  civil  or  criminal  process  whatsoever  now 
pending,  or  which  shall  be  hereafter  commenced  or  pending, 
nor  to  mitigate,  remit  or  discharge  any  criminal  offence,  or 
the  punishment  thereof,  that  shall  have  been  committed  be- 
fore or  on  said  last  mentioned  day. 

Sec.  3.  The  committee  before  named  are  instructed  to 
cause  this  ordinance,  and  the  ordinances  whose  titles  are  re- 
cited in  the  first  section  hereof,  together  with  such  laws  of 
this  state  as  are  specially  applicable  to  this  city,  to  be  pub- 
lished in  a  suitable  book,  five  hundred  copies  of  which  shall 
be  purchased  for  the  use  of  the  city  ;  and  each  member  of 
the  city  council  and  his  successor,  and  also  such  officers  of 
the  city,  and  their  successors,  as  the  board  of  aldermen  shall 
deem  expedient,  shall  receive  a  copy  thereof;  and  the  re- 
maining copies  shall  be  kept  by  the  city  clerk,  to  be  distribu- 
10 


74  OFFICERS  TO  BE  APPOINTED. 

ted  from  time  to  time  as  the  mayor,  board  of  aldermen  or 
common  council  may  direct. 

Sec.  4.  This  ordinance,  and  the  ordinances  whose  titles 
are  recited  in  the  first  section  hereof,  shall  be  published  once 
in  the  Providence  Daily  Journal. 


An  Ordinance  designating  the  officers  to  be  appointed  annually 
by  the  city  council,  in  addition  to  those  specially  designated 
and  required  to  be  appointed  by  the  city  charter. 

Section  I  Section 

1.    Officers  whose  appointment  is  requir-     2.  Officers  whose  appointment  is  in  confor- 
ed  by  state  laws.  j       mity  to  city  ordinance  or  regulations. 

Section  1.  Be  it  ordained  by  the  city  coiincil  of  the  city 
of  Providence,  that,  pursuant  to  the  laws  of  the  state,  the  fol- 
lowing officers  shall  be  annually  appointed  by  the  city  coun- 
cil, in  addition  to  those  specially  designated  and  required  by 
the  city  charter,  to  wit :  a  city  sergeant ;  city  treasurer  ;  city 
sealer  of  weights  and  measures  ;  one  or  more  auctioneers ; 
such  number  of  assessors  of  rates  and  taxes  as  may  be  deem- 
ed necessary,  provided  the  number  be  not  less  than  three,  nor 
more  than  seven  ;  one  or  more  collector  or  collectors  of  tax- 
es ;  one  or  more  packer  or  packers  of  fish  ;  a  pound  keeper  ; 
a  sealer  of  leather ;  so  many  constables,  overseers  of  the 
poor,  surveyors  of  highways,  viewers  of  fences,  and  guagers 
of  casks,  as  the  said  city  shall  have  occasion  for ;  also,  three 
or  more  presidents  of  firewards ;  such  number  of  firewards 
as  may  from  time  to  time  be  thought  proper ;  one  or  more 
person  or  persons  to  superintend  the  building  of  chimneys 
and  placing  of  stoves  and  stove-pipes ;  a  school  committee, 
to  consist  of  not  less  than  five  nor  more  than  thirty  persons, 
resident  inhabitants  of  the  city ;  a  measurer  or  measurers  of 
grain,  salt  and  sea  coal,  and  a  surveyor  general  of  lumber  ; 
which  last  named  officer  shall  be  appointed  in  the  month  of 
February. 

Sec.  2.  That  the  following  officers,  in  addition  to  those 
required,  as  designated  in  the  preceding  section,  be  appoint- 
ed by  the  city  council  annually,  until  otherwise  ordained,  to 
wit :  city  auditors ;  surveyors  and  corders  of  wood  ;  surveyors 
of  hoops,  staves  and  heading ;  clerk  of  the  market ;  over- 
seers of  the  hospital ;  field  drivers  ;  members  of  the  engine 
companies ;  of  the  fire-hook  and  ladder  companies  ;  of  the 
hydrauHon  companies;  of  the  forcing  stationary  engine  com- 


CITV  SEALS. 


75 


panics ;  also,  one  or  more  city  criers  ;  inspectors  of  pot  and 
pearl  ashes ;  inspectors  and  measurers  of  carpenters',  ma- 
sons', and  painters'  work  ;  surveyors  and  measurers  of  stone; 
overseer  of  public  bridges;  overseer  of  the  north  burial 
ground ;  overseers  of  the  city  pumps ;  inspectors  of  liquor  to 
ascertain  proof;  overseer  of  the  tovi^n  house  ;  measurer  or 
measurers  of  bran ;  a  committee  on  nuisances,  to  consist  of 
not  less  than  three,  nor  more  than  twelve ;  a  city  marshal,  and 
three  street  commissioners. 


An  Ordinance  establishing  the  city  seal,  and  the  seals  for  the 
board  of  aldermen  and  for  the  municipal  court. 


Section 

1.  Device  of  city  seal. 

2.  Device  of  seal  of  board  of  aldermen. 


Section 

3.  Device  of  seal  of  municipal  court. 

4.  Keepers  of  seals. 


Section  1.  Beit  ordained  by  the  city  council  of  the  city 
of  Providence,  that  the  following  be  the  device  of  the  seal  of 
said  city,  to  wit :  around  the  margin  of  the  same,  a  raised 
circle,  containing  the  words  "  Seal  of  the  City  of  Provi- 
dence ;"  within  which,  a  narrower  circle,  containing  in  the 
upper  half  thereof  the  words  "  Founded,  1636,"  and  in  the 
lower  half  thereof,  the  words  "City  incorporated,  1832;" 
within  which  circle,  a  device  referring  to  the  landing  of  the 
first  settlers  in  Providence — representing  a  point  of  land  on 
the  bank  of  a  river,  covered  with  forest  trees,  beneath  which  a 
group  of  savages  are  awaiting  the  approach  of  a  canoe  con- 
taining Roger  WilUams  and  his  companions ;  above  which 
device,  and  immediately  within  the  inner  circle  aforesaid,  the 
words  "  What-cheer  ?" 

Sec.  2.  And  be  it  further  ordained,  that  the  following  be 
the  device  of  the  seal  of  the  board  of  aldermen  of  said  city, 
to  wit :  around  the  margin  of  the  same,  a  raised  circle,  con- 
taining the  words  "  Board  of  Aldermen,  Providence  ;"  with- 
in which  circle,  a  shield,  bearing  the  representations  of  a  bee, 
a  goose  and  a  lamb ;  as  emblematical  of  industry,  watchful- 
ness and  peace. 

Sec.  3.  And  be  it  further  ordained,  that  the  following  be 
the  device  of  the  seal  of  the  municipal  court  of  said  city,  to 
wit :  around  the  margin  of  the  same,  a  raised  circle,  contain- 
ing the  words  "  Municipal  court  of  the  city  of  Providence ;" 
within  which  circle,  an  open  record-book,  on  which  is  laid  a 
pair  of  scales. 


76 


MUNICIPAL  COURT.— DEXTER  DONATION. 


Sec.  4.  And  be  it  further  ordained,  that  the  city  clerk  be 
ex  officio  keeper  of  the  city  seal,  and  of  the  seal  of  the  board 
of  aldermen  ;  and  that  the  clerk  of  the  municipal  court  be 
ex  officio  keeper  of  the  seal  of  said  court. 


An  Ordinance  appointing  the  times  and  place  for  holding  the 

municipal  court. 


Section 

1.  Terms  of  municipal  court. 

2.  When  to  transact  probate  business. 


Section 
3.   Places  for  holding  court. 


Section  1 .  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  there  shall  be  four  terms  of  the  municipal 
court  of  said  city,  in  each  and  every  year,  for  the  purpose  of 
transacting  any  business  within  the  jurisdiction  of  said  court, 
except  probate  business,  to  be  holden  at  the  times  following, 
to  wit :  on  the  second  Wednesday  in  August,  November, 
February  and  May. 

Sec  2.  That  for  the  purpose  of  transacting  probate  busi- 
ness only,  the  judge  of  said  court  shall  hold  said  court  on 
Tuesday  of  each  and  every  week. 

Sec.  3.  That  the  municipal  court  shall  be  holden  in  the 
room  now  occupied  by  said  court,  or  in  the  common  council 
room. 


An  Ordinance  appointing  town  meetings  in  relation  to  the  Dex- 
ter donation. 


Section 

1.    Town     meeting — when    and    where 
holden. 


Section 

2.  How  notified. 

3.  Bells  to  be  rung. 


SECTipN  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  a  town  meeting  of  the  freemen  of  the 
city  of  Providence  shall  be  annually  holden  in  the  town 
house,  so  called,  on  the  last  Saturday  in  June,  at  three  o'clock 
P.  M.,  for  the  purpose  of  transacting  business  in  relation  to 
the  property  and  estate  devised  to  the  town  of  Providence  by 
the  last  will  and  testament  of  Ebenezer  Knight  Dexter,  de- 
nominated the  Dexter  donation  and  the  asylum,  and  other 
town  or  city  property  connected  therewith. 

Sec.  2.  That  every  such  annual  meeting  shall  be  notified 
and  warned  by  notice  thereof  under  the  hand  of  the  city 


WARD  MEETINGS.— WARD  CLERKS.—ORDINANCES.  77 

clerk ;  which  notice  shall  be  published  for  and  during  one 
week  next  before  said  meeting,  in  two  of  the  newspapers  of 
said  city. 

Sec.  3.  That  on  the  day  of  every  such  annual  meeting, 
the  city  marshal  shall  cause  three  of  the  bells  in  the  city  to  be 
rung,  for  the  space  of  fifteen  minutes  next  before  the  hour  of 
said  meeting. 


An  Ordinance  prescribing  the  manner  of  notifying  ward  meet- 
ings for  the  purpose  of  elections. 

Section  I  Section 

1.    Meeting — how  notified.  |    2.    Bells  to  be  rung. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of 
Providence,  that  all  ward  meetings  to  be  holden  in  the  re- 
spective wards  of  said  city,  for  the  purpose  of  elections, 
shall  be  notified  and  warned  by  notice  thereof  under  the 
hand  of  the  city  clerk ;  which  notice  shall  be  published,  for 
and  during  one  week  next  before  each  day  of  election,  in 
two  of  the  newspapers  of  said  city. 

Sec  2.  That  on  the  day  of  every  such  election,  the  city 
marshal  shall  cause  three  of  the  bells  in  said  city  to  be  rung, 
for  the  space  of  fifteen  minutes  next  before  the  hour  of  said 
ward  meetings. 


An  Ordinance  fixing  the  compensation  of  wardens  and  ward 

clerks. 

Compensation  of  wardens  and  clerks. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  the  warden  and  clerk  of  each  ward  in 
said  city  shall  be  entitled  to  two  dollars  each  for  each  ward 
meeting  they  shall  attend ;  and  the  city  treasurer  shall  pay 
the  same  upon  the  certificate  of  the  warden  that  such  ser- 
vice was  rendered. 


An  Ordinance  directing  the  mode  of  publishing  the  ordinances 
of  the  city  of  Providence. 

Section  |  Section 

1.   Ordinances  to  be  published  in  news-  I    2.    City  clerk  once  in  two  years  to  pub« 
paper.  lish  for  distribution. 


78 


CITY  CLERK.— CITY  AUDIT. 


It  is  ordained  by  the  city  council  of  the  city  of  Providence^  as 
follows,  viz  : 

Section  1.  All  ordinances  hereafter  enacted  by  the  city 
council  shall  be  by  the  city  clerk  published  in  some  newspa- 
per printed  in  this  city,  twice  a  week  for  three  weeks  succes- 
sively, and  such  publication  shall  commence  within  ten  days 
after  the  passage  of  the  ordinance. 

Sec  2.  The  city  clerk  shall  once  in  two  years  cause  the 
ordinances  enacted  for  the  preceding  two  years  to  be  printed 
in  a  suitable  form,  and  a  sufficient  number  of  copies  for  dis- 
tribution among  the  city  officers. 


An  Ordinance  prescribing  the  duty  of  the  city  clerk  and  city 
sergeant  in  certain  cases. 


Section 

1.  City  clerk  to  record  votes,  &c. 

2.  City  clerk  to  furnish  list  of  officers. 


Section 
3.   City  sergeant  to  notify  officers. 


Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  the  city  clerk  shall  record  all  votes,  or- 
ders, resolutions  and  ordinances,  rules  and  regulations,  made 
and  passed  by  the  city  council  by  concurrent  vote  ;  also,  all 
proceedings  of  the  board  of  aldermen  and  common  council, 
when  in  convention. 

Sec  2.  That  the  city  clerk  shall,  from  time  to  time,  fur- 
nish the  city  sergeant  with  the  name  of  each  committee-man 
appointed  and  officer  elected  by  the  city  council ;  provided 
such  committee  or  officers  be  not  members  of  the  city  coun- 
cil ;  and  excepting  herefrom  the  members  of  the  school  com- 
mittee and  the  fire  department. 

Sec  3.  The  city  sergeant  shall  notify  all  such  persons  of 
their  appointment  or  election,  within  ten  days  after  said  ap- 
pointment or  election  shall  have  been  made. 


An  Ordinance  designating  the  duties  of  the  city  audit. 

Section  |  Section 

1.   Audit  to  meet  twice  each  month— to       2.    Accounts  to  be  certified— what  bills 
advertise.  need  not  be  audited. 

I    3.  To  keep  records. 

Section  1.     Be  it  ordained  by  the  city  council  of  the  city_ 


CITY  MARSHAL.  79 

of  Providence,  that  the  city  audit  shall  appoint  the  times,  not 
less  than  two  in  each  month,  and  places  when  they  will  act 
upon  accounts  and  other  claims  against  the  city  ;  and  cause 
public  notice  thereof  to  be  given  by  publishing  the  same,  three 
weeks  successively,  in  one  of  the  newspapers  printed  in  this 
city. 

Sec.  2.  And  he  it  further  ordained,  that  all  accounts  and 
other  claims  against  the  city,  for  services  done,  or  materials 
provided  for  the  use  of  the  city,  under  the  charge,  sanction, 
or  superintendence  of  either  of  the  surveyors  of  highways, 
or  any  other  officer  or  officers,  or  any  committee  appointed 
by  the  city  council,  except  the  school  committee,  board  of 
aldermen  and  board  of  fire-wards,  shall,  when  presented  to 
the  audit,  be  accompanied  with  a  certificate,  under  the  hand 
or  hands  of  such  surveyors,  or  other  officer  or  officers,  or 
committee  of  the  city  council,  certifying  the  same  to  be  cor- 
rect ;  otherwise  the  same  shall  not  be  received  nor  acted 
upon  by  the  audit :  provided  that  bills  for  labor  upon  the  pub- 
lic highways,  certified  by  the  surveyor  of  highways,  need  not 
be  acted  upon  by  the  audit. 

Sec.  3.  And  he  it  further  ordained,  that  it  shall  be  the 
duty  of  the  audit  to  procure  and  keep  a  suitable  book,  where- 
in they  shall  enter  the  date  and  amount  of  each  and  every 
claim  allowed  by  them,  and  to  whom  allowed  ;  and  shall, 
whenever  required  by  the  city  council,  report  to  them  the 
amount  of  the  claims  allowed. 


An  Ordinance  prescribing  the  duties  of  the  city  marshal. 

Duties  of  city  marshal. 

Section  1.  Be  it  ordained  hy  the  city  council  of  the  city 
of  Providence,  that  it  shall  be  the  duty  of  the  city  marshal, 
from  time  to  time,  to  pass  through  the  streets  and  gangways 
of  the  city  ;  to  observe  all  nuisances,  obstructions  and  imped- 
iments therein,  to  the  end  that  the  same  may  be  removed  or 
prosecuted  according  to  law.  It  shall  also  be  his  duty  to  re- 
ceive all  complaints  made  against  any  person  or  persons,  for 
any  breach  of  the  laws  of  the  state,  or  ordinances  or  orders 
of  the  city ;  and  for  this  purpose  he  shall  attend  daily,  at 
some  stated  hour,  in  one  of  the  pubUc  offices  of  the  city,  to 
be  designated  by  the  mayor.     He  shall  also  enforce  and  carry 


80 


PUBLIC  BRIDGES— STREET  COMMISSIONERS. 


into  effect  all  and  every  the  ordinances  which  shall  be  in  force 
within  the  city :  he  shall  obey  and  execute  the  orders  and 
commands  of  the  mayor  and  of  the  board  of  aldermen,  in 
relation  to  any  matter  or  thing  in  which  the  city  may  be  in 
anywise  concerned  or  interested,  whenever  thereunto  requir- 
ed :  he  shall  also  be  vigilant  to  detect  the  breach  of  any  law, 
ordinance  or  order :  he  shall  prosecute  all  offenders  as  soon 
as  may  be  ;  and  attend,  in  behalf  of  the  city,  the  trial  of  all 
offences  which  may  be  prosecuted  ;  and  he  shall  lay  before 
the  mayor  a  statement  of  all  prosecutions  by  him  instituted  in 
behalf  of  the  city,  or  in  which  the  city  is  any  way  interested 
or  concerned,  within  one  week  after  their  final  determination 
respectively. 


An  Ordinance  prescribing  the  duties  of  the  overseer  of  the  pub- 
lic bridges. 


Duties  of  overseer. 


Section  1 .  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  it  shall  be  the  duty  of  the  overseer  of  the 
public  bridges,  under  the  advice  and  direction  of  the  board 
of  aldermen,  to  keep  the  same  at  all  times  in  good  repair,  at 
the  expense  of  said  city. 


An  Ordinance  establishing  street  commissioners ,  prescribing  the 
duties  thereof  and  for  other  purposes. 


SECTION 

1.  Three  commissioners — duties  of — first 
meeting. 

2.  To  make  surveys  of  streets — to  notify 
parties — fix  grades — copy  to  be  left  at 
city  clerk's  office — appeals — monu- 
ments to  be  fixed — plat  to  be  recorded. 

3.  May  direct  building,  &c.,  of  sidewalks 
— notice  to  owners  of  property — in 
case  of  neglect,  work  to  be  done  by 
surveyor  of  highways — expense  how 
collected. 


Section 

4.  May  order  fences  built,  or  posts,  &c., 
removed — penalty  for  neglect — mode 
of  collection. 

5.  When  owners  of  property  on  street 
furnish  curb  stones,  surveyor  to  pave 
gutters,  &c. 

6.  Commissioners  to  examine  lines  of 
streets  and  to  report  encroachments. 

7.  Compensation — by  whom  paid. 


Be  it  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz: 

Section   1 .     There  shall  be  annually  appointed  by  the  city 
council,  three  street  commissioners.     It  shall  be  the  duty  of 


STREET  COMMISSIONERS.  81 

the  street  commissioners  to  fix  the  height,  width  and  materi- 
als of  side-walks,  and  the  grades  of  streets,  and  to  prevent  en- 
croachments thereon ;  and  to  perform  such  other  duties  as 
are  herein  after  set  forth.  They  shall  meet  within  ten  days 
of  their  election,  and  shall  appoint  one  of  their  number  clerk, 
who  shall  keep  a  record  of  their  proceedings. 

Sec.  2.  It  shall  be  the  duty  of  the  street  commissioners 
to  make,  or  cause  to  be  made,  surveys  of  all  such  streets, 
highways  and  proposed  highways,  with  the  adjacent  lands,  in 
which  they  may  find  it  expedient  to  establish  the  grade  or 
boundaries.  Whenever  any  street  or  highway  shall  be  so  sur- 
veyed, they  shall  make  out  a  statement  of  the  bounds  of  such 
street  or  highway,  and  also  the  grade  which  in  their  opinion 
ought  to  be  established  thereon.  They  shall  then  appoint  a 
day  and  place  to  hear  the  parties  interested  in  the  same,  and 
shall  cause  written  or  printed  notices  thereof  to  be  given  to 
the  owners  of  property  on  such  street  or  highway  who  reside 
in  said  city,  or  shall  cause  such  notices  to  be  left  at  the  place 
of  their  abode,  and  shall  advertise  in  one  of  the  newspapers 
of  the  city  twice  a  week  for  three  weeks  successively,  giving 
notice  to  all  persons  interested  to  appear  and  show  cause 
why  such  grade  should  not  be  established.  The  said  com- 
missioners, after  hearing  the  objections  of  such  interested 
persons  as  shall  appear  and  object,  may  establish  such  grade 
as  they  may  deem  expedient  and  determine  the  width  of  the 
sidewalks  to  be  built  thereon.  They  shall  leave  a  statement 
of  the  grade  thus  estabhshed  in  the  office  of  the  city  clerk, 
and  give  notice  in  one  of  the  newspapers  printed  in  Provi- 
dence that  such  statement  is  so  left ;  and  if  any  owner  of 
land  shall  feel  himself  aggrieved  by  any  grade  so  established, 
he  may  appeal  to  the  board  of  aldermen,  by  filing  his  appeal 
in  writing  with  the  clerk  of  the  board  of  aldermen,  within  ten 
days  after  the  pubhcation  of  such  notice  of  the  decision  of  the 
street  commissioners;  and  the  board  of  aldermen,  after  hearing 
the  matter  and  inspecting  the  ground,  may  confirm  or  alter  such 
grade  in  their  discretion ;  and  when  such  grade  shall  be  finally 
determined,  the  street  commissioners  shall  cause  to  be  placed 
suitable  stone  monuments,  or  refer  to  such  permanent  fix- 
tures on  said  street  or  highway,  from  which  such  grade  may 
be  indicated ;  and  shall  cause  to  be  recorded  in  a  book  to  be 
kept  in  the  office  of  the  city  clerk,  a  plat  of  such  street  or 
highway  surveyed  as  aforesaid,  which  shall  exhibit  the  bounds 
thereof,  the  width  of  the  sidewalks,  and  such  other  matter  as 
the  commissioners  may  deem  expedient. 

Sec.  3.  The  street  commissioners  are  hereby  vested  with 
11 


82  STREET  COMMISSIONERS. 

full  power  and  authority  to  superintend,  order  and  direct  the 
building  and  altering  of  any  sidewalk  in  the  city,  the  materi- 
als to  be  used,  and  the  time  within  which  said  building  or  al- 
teration shall  be  made ;  and  whenever  said  commissioners 
shall  have  determined  in  what  manner,  of  what  materials,  and 
within  what  time  any  sidewalk  shall  be  built  or  altered,  they 
shall  cause  written  or  printed  notice  thereof  to  be  personally 
given  to  the  owner  of  the  adjacent  lot,  if  residing  within  the 
city  of  Providence,  particularly  describing  the  materials, 
width,  height  and  manner  the  sidewalk  shall  be  built,  or  the 
alteration  to  be  made ;  but  if  the  owner  shall  not  reside  in 
said  city,  then  the  notice  shall  be  given  to  the  tenants  in  pos- 
session ;  but  if  no  tenant  shall  be  in  possession,  then  the  same 
shall  be  published  in  one  of  the  newspapers  of  this  city,  for 
three  successive  weeks.  At  the  expiration  of  the  time  so  Hm- 
ited  by  the  commissioners,  if  the  work  shall  not  have  been 
prosecuted  according  to  the  directions  of  the  said  commission- 
ers, they  shall,  in  their  discretion,  order  the  surveyor  of  high- 
ways for  the  time  being  to  proceed  at  the  expense  of  the 
city,  and  execute  the  directions  so  by  them  given  to  the  own- 
er, a  copy  of  which  order  shall  be  by  them  given  to  the  said 
surveyor  ;  and  when  the  same  shall  be  by  him  accomplished, 
it  shall  be  the  duty  of  the  commissioners  to  certify  the  ex- 
pense thereof  to  the  assessors  of  taxes  for  said  city,  together 
with  ten  per  cent,  in  addition  thereto,  to  cover  the  interest, 
cost  of  assessing  and  collecting  ;  and  the  said  sum  so  certified 
shall  be  by  the  assessors  added  to  the  tax  of  the  owner  of  such 
adjacent  lot  so  neglecting  as  aforesaid,  which  proceeding  shall 
be  conclusive,  and  the  said  owner  with  his  estate  shall  be  re- 
sponsible therefor,  in  the  same  manner  as  for  other  taxes ; 
and  in  case  that  any  society  that  is  exempt  from  taxation 
shall  be  the  owner  of  said  land,  the  proceedings  shall  be  the 
same,  and  the  notice  shall  be  given  to  the  treasurer  of  said 
society,  and  the  cost  of  such  alteration  with  the  ten  per  cent, 
additional  shall  be  collected  of  such  society  in  the  same  man- 
ner as  is  prescribed  by  law  for  the  collection  of  taxes. 

Sec.  4.  The  street  commissioners  are  hereby  authorized 
and  empowered  to  pass  such  orders  as  they  may  deem  expe- 
dient, directing  the  owner  or  owners  of  land  adjacent  to  any 
pubUc  street  or  highway  to  build  or  alter  any  wall  or  fence 
separating  such  land  from  said  street  or  highway,  or  to  re- 
move from  the  sidewalk  to  such  land  any  steps,  posts,  cellar 
doors,  or  other  obstructions  thereon,  within  such  time  as  the 
said  commissioners  shall  in  such  order  direct ;  and  to  impose 
such  pecuniary  penalty  for  the  breach  of  such  order,  not  ex- 


STREETS  AND  HIGHWAYS. 


83 


ceeding  two  hundred  dollars,  as  they  shall  deem  expedient  ; 
which  penalty  may  be  sued  for  and  recovered  for  the  use  of 
the  city,  in  an  action  of  debt,  in  the  name  of  the  city  treasur- 
er, before  any  court  of  competent  jurisdiction  to  try  the  same. 

Sec.  5.  Whenever  the  owners  of  the  land  on  both  sides 
of  any  street,  or  of  any  section  of  a  street  belonging  to  the 
city,  which  section  shall  not  be  less  than  two  hundred  feet 
long,  the  grade  and  width  of  sidewalk  of  which  has  been  es- 
tablished and  recorded  as  is  directed  in  this  ordinance,  shall 
furnish  the  curb  stone,  and  build  the  sidewalks  thereof,  the 
surveyor  of  highways  is  hereby  authorised  to  pave  the  gutters, 
and  to  fill  up  and  gravel  such  street  or  section  of  a  street,  at 
the  expense  of  the  city,  provided  said  expense  shall  not  ex- 
ceed the  sum  of  three  hundred  dollars. 

Sec.  6.  Whenever  any  surveyor  of  highways,  or  any  per- 
son or  persons,  or  corporation,  about  to  erect  any  fence  or 
building  on  any  line  of  any  street  or  highway,  shall  re- 
quest the  street  commissioners  to  examine  into,  ascertain,  and 
show  to  such  surveyor,  or  person  so  requesting,  the  line  of 
such  street  or  highway,  it  shall  be  the  duty  of  the  commis- 
sioners to  ascertain  and  point  out  such  line  :  and  in  case  any 
person  or  corporation  shall  erect  any  fence  or  building  so  as 
to  encroach  on  any  street  or  highway,  it  shall  be  the  duty  of 
the  commissioners  to  make  report  of  such  encroachments  in 
writing  to  the  mayor,  who  shall  proceed  in  the  premises  as 
the  interest  of  the  city  in  his  opinion  may  require. 

Sec.  7.  The  pay  of  the  street  commissioners  shall  be  two 
dollars  per  day  each,  and  half  days  in  proportion,  which  shall 
be  paid  by  the  city  when  the  services  rendered  are  by  request 
of  the  surveyor  of  highways,  or  in  any  proceedings  relating  to 
the  grades  of  streets  or  highways ;  but  in  other  cases  such 
compensation  shall  be  paid  by  the  person  or  persons  request- 
ing the  same  to  be  rendered. 


An  Ordinance  in  relation  to  the  streets  and  highways. 


Section 

1.  Vehicles  not  to  remain  in  streets  un- 
harnessed. 

2.  Goods  not  to  be  deposited  in  streets. 

3.  Board  of  aldermen  may  direct  light- 
ing of  streets. 

4.  Playing  ball  prohibited. 

5.  Sliding  prohibited. 

6  «&.  7.    Sign-boards,  how  placed. 

8.  Stagings,  how  erected. 

9.  Building    materials — how  they   may 
be  deposited. 


Section 

10.  Work,  how  done — light  to  be  kept. 

11.  Master  workman  and  employer  liable 
in  certain  cases. 

12.  No  coal  dust,  ashes,  &c.,  to  be  thrown 
into  streets. 

13.  No  wood,  lumber,  ifcc,  to  remain  on 
public  landings. 

14.  When  pavements  must  be  taken  up, 
or  trench  dug — proceedings — light  to 
be  kept. 

15.  Penalties. 


84  STREETS  AND  HIGHWAYS 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city  of 
Providence^  that  no  person  shall  suffer  or  permit  any  cart, 
coach,  dray,  sleigh,  sled  or  other  carriage  or  vehicle  of  any 
description,  belonging  to  him  or  her,  or  in  his  or  her  posses- 
sion, or  under  his  or  her  care,  to  remain  unharnessed  in  any 
of  the  streets  or  highways  of  said  city,  more  than  two  hours 
at  any  one  time ;  provided,  however,  that  this  section  shall 
not  extend  to  persons  marketing  in  Market-square. 

Sec.  2.  That  no  person  shall  deposit,  place  or  put,  nor 
suffer  to  be  deposited,  placed  or  put,  by  any  person  or  per- 
sons in  his  or  her  employ,  any  goods,  wares,  fire-wood,  coal, 
chattels  or  merchandize,  in  any  of  said  streets  or  highways, 
except  while  landing  or  shipping  the  same,  or  actually  remo- 
ving the  same  into  or  out  of  some  building  or  inclosure,  or 
loading  the  same  into  or  unloading  the  same  out  of  some 
vehicle. 

Sec  3.  That  the  board  of  aldermen  be  and  they  are 
hereby  empowered,  from  time  to  time,  to  take  such  measures 
as  they  may  deem  expedient  for  the  hghting  of  said  streets 
and  highways. 

Sec.  4.  That  no  person  shall  play  at  ball,  or  throw  any 
stones  or  other  missiles,  in  any  of  said  streets  or  highways. 

Sec  5.  That  no  person  shall  slide  on  any  sled  or  machine, 
or  in  any  vehicle  whatever,  for  amusement,  in  any  of  said 
streets  or  highways. 

Sec  6.  That  no  person  shall  place,  or  cause  to  be  placed, 
nor  continue  or  suffer  to  be  continued  when  placed,  any  sign- 
board or  sign,  unless  the  same  be  placed  against  some  build- 
ing, parallel  therewith  and  secured  thereto,  and  not  projecting 
from  the  building  to  which  the  same  shall  be  secured  more 
than  six  inches  into  or  over  any  street :  provided,  however, 
that  nothing  herein  before  contained  shall  extend  to  the  sign 
of  any  licensed  tavern  keeper,  nor  of  the  museum,  nor  to 
the  clock  in  South  Main-street,  so  long  as  the  owners  thereof 
conform  to  the  provisions  of  a  resolution  passed  by  the  city 
council  in  relation  thereto,  on  the  twenty-fourth  day  of  May, 
A.  D.  1833. 

Sec  7.  That  neither  the  keeper  of  the  museum  nor  any 
hcensed  tavern  keeper  shall  place  or  cause,  or  suffer  to  be 
placed,  nor  continue  or  suffer  to  be  continued  when  pJlaced, 
any  sign  of  said  museum,  or  licensed  tavern,  except  in  such 
manner  as  the  mayor  shall  direct  or  permit. 

Sec  8.  That  no  person  shall  erect,  or  cause  to  be  erect- 
ed, nor  continue  or  suffer  to  be  continued  when  erected,  any 
staging,  in  any  of  said  streets  or  highways,  for  the  purpose  of 


STREETS  AND  HIGHWAYS.  85 

repairing  or  erecting  any  building,  unless  the  same  be  erected 
under  the  personal  inspection  of  the  master  workman  em- 
ployed to  repair  or  erect  such  building,  and  of  good,  strong 
and  sound  timber,  and  plank  or  boards ;  and  be  strongly  and 
safely  secured. 

Sec.  9.  That  no  person,  for  the  purpose  of  erecting  or 
repairing  any  building,  shall  erect  or  cause  to  be  erected  any 
staging,  nor  deposit  any  building  materials  or  rubbish,  or  re- 
mains of  any  old  building,  in  such  manner  as  to  obstruct  the 
passage  over  more  than  one  half  part  of  the  street  or  high- 
way in  which  such  staging  is  erected,  or  such  building  materi- 
als, rubbish  or  remains  of  any  old  building  are  deposited ;  nor 
more  than  sixteen  feet  in  any  case. 

Sec.  10.  That  in  erecting  any  building  situate  on  any 
street  or  highway,  or  doing  any  other  work,  no  person  shall 
place  or  deposit,  nor  suffer  to  remain  in  any  part  of  said  street 
or  highway,  any  lumber  or  other  building  material,  nor  any 
rubbish  or  remains  of  any  old  building,  for  any  purpose,  nor 
for  any  longer  period  than  may  be  necessary,  from  time  to 
time,  for  the  prosecution  of  the  work  which  may  be  going 
on ;  and  in  case  any  lumber  or  other  building  material,  or 
any  rubbish  or  remains  of  any  old  building,  must  of  necessity 
remain  after  dark,  the  owner  or  owners  thereof  shall  cause 
a  sufficient  light  to  be  kept  or  placed  over  or  near  the  same, 
throughout  the  whole  of  the  night,  so  as  to  give  sufficient  no- 
tice to  all  persons  passing  in  or  through  such  street  or  high- 
way. 

Sec.  11.  That  the  master  workman  and  his  employer  or 
employers  shall  be  severally  liable  for  the  violation  of  any 
provision  in  either  of  the  three  last  sections  contained,  except 
that  which  relates  to  the  placing  of  a  light  over  or  near  any 
lumber,  building  materials  or  rubbish  remaining  in  the  streets 
after  dark. 

Sec.  12.  That  no  person  shall  throw  or  deposit,  or  cause 
to  be  thrown  or  deposited,  in  any  street,  highway  or  public 
place  in  said  city,  any  coal  dust,  soot,  ashes,  cinders,  shavings, 
hair,  shreds,  manure,  oyster,  clam  or  lobster  shells,  or  any 
animal  or  vegetable  matter  or  substance  whatever. 

Sec  13.  That  no  person  shall  suffer  or  permit  any  wood, 
lumber,  merchandize  or  other  thing  whatever  to  him  belong- 
ing, or  under  his  care  or  control,  to  be  and  remain  in  any 
street  or  highway  leading  to  or  adjoining  the  waters  of  the  har- 
bor or  river;  nor  on  any  public  land  adjoining  said  harbor  or 
river,  any  longer  time  than  is  necessary  to  land  the  same 


86 


SIDE-WALKS. 


from  or  put  the  same  on  board  any  boat  or  vessel ;  and  in  no 
case  to  exceed  twenty-four  hours. 

Sec.  14.  That  whenever  the  convenience  of  any  person 
or  persons  or  corporation  requires  the  taking  up  of  any  pave- 
ment in  any  of  said  streets  or  highways,  or  the  digging  of 
any  trench  across  or  along  any  such  street  or  highway,  such 
person  or  persons  or  corporation  shall,  in  writing,  give  notice 
thereof  to  the  surveyor  of  highways,  who  shall  examine  the 
said  street  or  highway  before  the  same  shall  be  broken  up ; 
and  when  the  said  street  or  highway  is  repaved,  or  the  trench 
therein  filled  up,  it  shall  be  done  under  the  superintendence 
of  said  surveyor,  or  in  such  manner  as  he  shall  direct ;  but  at 
the  expense  of  the  person  or  persons  or  corporation  breaking 
up  the  same.  And  whenever  any  trench  or  hole  must  of  ne- 
cessity remain  after  dark,  the  person  making  any  such  trench 
or  hole,  or  employing  any  one  so  to  do,  shall  cause  a  suffi- 
cient light  to  be  kept  placed  over  or  near  the  same  throughout 
the  whole  of  the  night,  so  as  to  give  sufficient  notice  to  all 
persons  passing  in  or  through  such  street  or  highway. 

Sec.  15.  That  every  person  who  shall  violate  any  provision 
in  the  first,  fourth  or  fifth  section  of  this  ordinance,  shall  forfeit 
and  pay  the  sum  of  two  dollars :  that  every  person  who  shall  vio- 
late any  provision  in  the  second  or  twelfth  section  shall  forfeit 
and  pay  a  sum  not  less  than  two  dollars,  nor  more  than  ten  dol- 
lars :  that  every  person  who  shall  violate  any  provision  in  the 
sixth,  seventh,  eighth,  ninth,  tenth  or  thirteenth  section,  shall 
forfeit  and  pay  a  sum  not  less  than  ten  dollars,  nor  more  than 
twenty  dollars  :  that  every  person  who  shall  violate  any  provi- 
sion in  the  fourteenth  section  shall  forfeit  and  pay  a  sum  not 
less  than  twenty  dollars,  nor  more  than  two  hundred  dollars  : 
all  which  penalties  shall  be  severally  recovered  to  and  for  the 
use  of  the  city,  by  proper  legal  process,  before  any  court  of 
competent  jurisdiction. 


An  Ordinance  for  the  preservation  of  side-walks. 


Section 

1.  No  vehicle  to  go — no  wood  to  be  saw- 
ed— no  coal  to  be  broken  upon  side- 
walks. 

2.  Snow  to  be  removed  from  sidewalk. 

3.  Goods,  &c.,  not  to  be  deposited  on 
side-walk. 


Sectcok 

4.  Awnings  how  to  be  placed. 

5.  Constables  to  report  offenders. 

6.  Prosecutions  to  be  commenced  within 
twenty  days. 


Section  1.     Be  it  ordained  by  the  city  council  of  the   city 
of  Providence,  that  no  person  shall  ride,  drive  or  lead  any 


SIDE-WALKS. 


87 


horse,  or  shall  drive  or  lead  any  horse  and  cart,  wagon,  dray, 
sled,  sleigh  or  other  vehicle  drawn  by  one  or  more  horse  or 
horses,  ox  or  oxen  ;  or  shall  trundle  or  wheel  any  wheel-bar- 
row or  hand-cart  or  hand-wagon,  or  move  or  carry  any  hand- 
barrow,  upon  any  side-walk  now  laid  or  which  may  hereafter 
be  laid  in  said  city  with  brick  or  stone,  unless  for  the  purpose 
of  necessarily  crossing  the  same ;  or  shall  fasten  or  hitch  any 
horse  or  horses,  ox  or  oxen,  so  that  they  stand  on  such  side- 
walk, or  shall  saw,  spHt  or  cut  any  fire-wood  or  other  lumber, 
or  break  up  any  coal  on  any  such  side-walk  ;  and  that  every 
person  so  offending  shall  forfeit  and  pay  a  fine  of  two  dol- 
lars for  each  offence,  to  the  use  of  said  city,  to  be  recovered 
by  proper  legal  process  before  any  court  of  cempetent  juris- 
diction. 

Sec.  2.  And  be  it  further  ordained,  that  it  shall  be  the 
duty  of  the  occupants  of  the  lower  stories  of  all  buildings, 
and  the  occupants  of  all  lands,  and  the  owners  of  all  unoccu- 
pied lands  and  buildings  which  shall  adjoin  any  of  the  side- 
walks aforesaid,  to  remove  all  the  snow  from  said  walks  which 
shall  fall  thereon,  so  far  as  the  same  shall  adjoin  said  buildings 
and  lands,  as  soon  as  may  be  after  the  same  shall  have  fallen  ; 
and  every  person  neglecting  so  to  do  for  the  space  of  twenty- 
four  hours  after  the  same  has  fallen,  shall  forfeit  and  pay  the 
sum  of  two  dollars  for  each  offence,  to  the  use  of  said  city, 
to  be  recovered  by  proper  legal  process  before  any  court  of 
competent  jurisdiction. 

Sec.  3.  And  be  it  further  ordained,  that  no  person  shall 
deposit,  place  or  put,  or  suffer  to  be  deposited,  placed  or  put, 
by  any  person  or  persons  in  his  or  her  employment,  any 
goods,  wares,  cord-wood,  coal,  chattels  or  merchandize,  on 
any  such  side-walk,  except  while  actually  removing  the  same 
into  or  out  of  some  building  or  enclosure  ;  and  that  every 
person  so  offending  shall  forfeit  and  pay  for  every  offence 
two  dollars,  to  and  for  the  use  of  said  city,  to  be  recovered 
by  proper  legal  process  before  any  court  of  competent  juris- 
diction. 

Sec.  4.  And  be  it  further  ordained,  that  no  person  shall 
spread,  or  suffer  any  person  or  persons  in  his  employment  to 
spread,  any  awning  over  any  of  the  side-walks  in  said  city, 
unless  every  part  thereof  and  both  ends  of  the  stretching 
poles  or  bars  thereof  are  at  least  seven  feet  above  such  side- 
walk ;  and  every  person  who  shall  spread,  or  suffer  any  per- 
son or  persons  in  his  employment  to  spread,  any  awning  con- 
trary to  the  provisions  of  this  section,  shall  forfeit  and  pay  the 
sum  of  two  dollars,  to  and  for  the  use  of  said  city,  to  be  re- 


88 


CROSS-WALKS— ENGINE-HOUSES. 


covered  by  proper  legal  process  before  any  court  of  compe- 
tent jurisdiction. 

Sec.  5.  And  be  it  further  ordained,  that  it  shall  be  the 
duty  of  each  of  the  city  constables  to  report  the  names  of  all 
persons  offending  against  any  of  the  provisions  of  this  ordi- 
nance, to  the  mayor,  to  the  end  that  they  may  be  prosecuted 
therefor. 

Sec.  6.  And  be  it  further  ordained,  that  no  person  shall 
be  prosecuted  or  tried  for  any  breach  of  any  of  the  provisions 
of  this  ordinance,  unless  the  suit  for  the  same  shall  be  institu- 
ted and  commenced  v^^ithin  twenty  days  from  the  time  of 
committing  such  breach. 


An  Ordinance  in  relation  to  cross-walks* 

No  vehicle  to  stand  on  cross-walk. 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz  : 

Section  1 .  No  person  shall  suffer  or  permit  any  horse,  ox, 
coach,  cart,  sleigh,  wagon,  sled  or  other  carriage  or  vehicle  of 
any  description,  belonging  to  him  or  under  his  care,  to  stand 
or  stop  upon  any  cross-walk  in  this  city,  for  any  other  pur- 
pose except  the  taking  up  or  setting  down  of  passengers,  nor 
for  any  longer  time  than  shall  be  necessary  for  such  purpose ; 
and  the  owner  or  driver  of  any  animal  or  vehicle  standing  or 
stopping  contrary  to  the  provisions  of  this  ordinance  shall 
forfeit  the  sum  of  two  dollars,  to  be  recovered  to  and  for  the 
use  of  the  city,  by  proper  legal  process  before  any  court  of 
competent  jurisdiction. 


An  Ordinance  in  relation  to  engine  houses  and  fire  apparatus. 

Engine  houses,  &c.,  under  control  of  fire-wards. 

Be  it  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz: 

That  from  and  after  the  passage  of  this  ordinance,  all  the 
engine  houses  and  fire  apparatus  belonging  to  the  city  shall 
be  placed  under  the  immediate  control  of  the  board  of  fire- 


FIREWARDS.— FIRES. 


89 


wards,  subject  to  such  rules  and  regulations  as  a  majority  of 
them  may  deem  most  expedient  for  the  interest  of  the  city. 


At  a  town  meeting  of  the  freemen  of  the  town  of  Providence, 
holden  by  adjournment  at  the  town  house,  on  Saturday,  the 
eleventh  day  of  June,  A.  D.  1825  : 

Voted  and  resolved,  that  the  firewards  be  and  they  are 
hereby  authorized,  at  all  times,  to  purchase  such  new  engines 
and  necessary  apparatus  as  they  may  think  proper  and  expe- 
dient for  the  use  of  the  town. 

And  be  it  further  voted  and  resolved,  that  the  firewards  be 
authorized  to  cause  proper  repairs  to  be  made  on  the  town 
engines  and  apparatus  thereto  attached,  at  all  times  when 
they  think  proper  ;  and  that  they  have  power  to  draw  on  the 
town  treasurer  for  all  the  expenses  attending  such  purchase 
and  repairs. 


At  a  town  meeting  of  the  freemen  of  the  town  of  Providence, 
legally  warned  and  assembled  at  the  town  house,  on  Wednes- 
day, the  eighteenth  day  of  April,  A,  D.  1827  : 

Resolved,  that  the  firewards  be  and  they  are  authorized  to 
construct  such  reservoirs  and  forcing  pumps  as  they  may 
think  necessary,  and  draw  on  the  town  treasurer  to  pay  for 
the  same. 


An  Ordinance  for  the  prevention  of  fires. 


Section 

1.  Committee  to  superintend  building  of 
chimneys,  &c. 

2.  Owner  or  occupant  to  alter  or  remove 
chimneys. 

3.  Lamps  not  to  be  carried  into  certain 
places — fire  how  carried  thro'  streets. 

4.  Shavings  and  straw  not  to  be  left  in 
streets. 


Section 

5.  Carpenters,  &c.,  to  remove  shavings 
from  shops. 

6.  Penalties. 

7.  Masters  and  parents  liable  in  certain 
cases. 

8.  Prosecution    must   be    within    sixty 
days. 


Section  1.     Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  in  case  the  committee  appointed  to  super- 
intend the  building  of  chimneys  and  placing  of  stoves  and 
12 


90 


FIRES. 


Stove-pipes,  or  the  major  part  of  them,  shall  deem  any  chim- 
ney now  erected,  any  fire-place  now  built,  or  any  grate, 
stove  or  stove-pipe  now  placed,  or  any  chimney,  fire-place, 
grate,  stove  or  stove-pipe  which  may  be  hereafter  erected, 
built  or  placed,  to  be  unsafe  in  regard  to  fire,  it  shall  and  may 
be  lawful  for  said  committee,  or  the  major  part  of  them,  to 
order  and  direct,  in  writing,  such  chimney,  fire-place,  grate, 
stove  or  stove-pipe  to  be  altered,  removed  or  taken  down,  at 
their  discretion. 

Sec.  2.  That  if  the  owner  or  owners,  occupant  or  occu- 
pants of  any  building  in  said  city,  shall  refuse  or  neglect  to 
alter,  remove  or  take  down,  according  to  the  written  orders 
and  directions  of  said  committee,  or  the  major  part  of  them, 
given  as  aforesaid,  any  chimney,  fire-place,  grate,  stove  or 
stove-pipe  now  erected,  built  or  placed,  or  which  may  be 
hereafter  erected,  built  or  placed,  such  owner  or  owners,  oc- 
cupant or  occupants,  shall  forfeit  and  pay  a  sum  not  exceed- 
ing twenty  dollars,  nor  less  than  five  dollars,  to  and  for 
the  use  of  the  city,  to  be  recovered  by  proper  legal  process 
before  any  court  of  competent  jurisdiction  ;  and  every  such 
owner  or  owners,  occupant  or  occupants,  who  shall  persist  in 
such  refusal  or  neglect,  after  being  required  by  said  commit- 
tee or  the  major  part  of  them,  in  writing  as  aforesaid,  to  al- 
ter, remove  or  take  down  any  such  chimney,  fire-place,  grate, 
stove  or  stove-pipe,  shall  for  every  ten  days  during  which  he, 
she  or  they  shall  so  persist,  be  deemed  guilty  of  a  new  of- 
fence, and  be  subject  to  the  penalty  above  prescribed. 

Sec.  3.  That  no  person  shall  carry  into  or  use,  in  any 
barn,  stable,  hay  loft  or  other  place  in  said  city,  in  which  hay 
or  straw  is  kept  or  used,  any  lighted  candle  or  lamp  not  en- 
closed in  a  lantern,  nor  any  lighted  pipe  or  segar ;  nor  shall 
any  person  carry  any  fire  in  or  through  any  street  or  highway 
or  other  public  place  in  said  city,  except  in  some  covered 
vessel. 

Sec.  4.  That  no  person  shall  leave  any  shavings  or  straw 
or  other  combustible  matter  in  any  of  the  streets,  lanes  or 
gangways  in  said  city,  or  in  any  other  situation  exposed  to 
fire. 

Sec  5.  That  it  shall  be  the  duty  of  each  tenant  of  every 
carpenter's,  cabinet-maker's,  wheelwright's,  turner's  and  join- 
er's workshop  in  said  city,  at  least  once  in  every  six  days,  to 
remove  all  shavings  from  his  shop  to  some  suitable  place,  and 
there,  between  sun-rise  and  sun-set,  burn  them. 

Sec  6.  That  every  person  who  shall  violate  any  provi- 
sion in  the  third,  fourth  or  fifth  section  of  this  ordinance  con- 


CITY  MARKET-PLACE.  91 

tained,  shall  forfeit  and  pay  the  sum  of  five  dollars,  to  and  for 
the  use  of  the  city,  to  be  recovered  by  proper  legal  process 
before  any  court  of  competent  jurisdiction. 

Sec.  7.  That  whenever  any  minor  or  apprentice  shall 
violate  any  provision  of  this  ordinance,  the  parent  or  guard- 
ian of  such  minor,  and  the  master  of  such  apprentice  shall 
be  severally,  or  jointly,  liable  with  such  minor  or  apprentice, 
for  the  penalty  aforesaid,  to  be  sued  for  and  recovered  in  the 
manner  in  the  next  preceding  section  prescribed. 

Sec.  8.  That  no  person  shall  be  prosecuted  for  the  viola- 
tion of  any  provision  in  this  ordinance  contained,  unless  the 
suit  therefor  shall  be  commenced  within  sixty  days  after  the 
right  of  action  accrued. 


An  Ordinance  describing  and  establishing  the  city  market  place. 

Limits  of  city  market  place. 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz: 

Section  1.  The  city  market  place  shall  consist  of  the 
whole  of  Market-square,  including  Weybosset  and  Washing- 
ton bridges,  and  the  bridge  and  walk  connecting  them  ;  also, 
the  gore  of  land  south  of  Market-street  and  between  Wey- 
bosset bridge  and  Union  Buildings  ;  also,  all  of  Market-street 
and  those  parts  of  Westminster,  Weybosset  and  Cove-streets 
that  lie  east  of  a  line  drawn  through  Orange-street  and  contin- 
ued to  the  Cove,  with  all  the  streets  and  gangways  leading  from 
Cove  to  Westminster  or  Market-streets ;  also,  the  Fish-mar- 
ket, and  all  those  parts  of  North  Main  and  Canal-streets  that 
lie  south  of  a  line  drawn  in  continuation  of  the  north  line  of 
North  Court-street,  westerly  to  the  water,  with  the  Hay  Mar- 
ket-square, and  all  the  streets  and  gangways  south  of  said 
line,  leading  from  Canal  to  North  Main-street ;  also,  all  those 
parts  of  South  Main  and  South  Water-streets  that  lie  north- 
erly of  the  south  line  of  the  gangway  between  the  estates  of 
Iruuian  Beck^ith  ?.iid  WilHam  Jenkins,  with  the  streets  and 
gangways  leading  from  South  Water  to  South  Main-street, 
north  of  said  line. 


92  REGULATIONS  OF  MARKET  PLACE. 

An  Ordinance  for  the  regulation  of  the  city  market  and  mar- 
ket place. 


IL   Wo  tainted   provisions  to  be   brought 
into  market  place. 

12.  Casks — how   many    may   be   kept  in 
market. 

13.  No  tents  or  booths  allowed. 

14.  Fish  market — reserved  stalls. 

15.  Fish  market  stalls  how  leased. 

16.  Stalls  how  may  be  underlet. 

17.  Time  for  business  in  fish  market. 

18.  Offal  how  disposed  of. 

19.  Intemperate    persons — not    to    loiter 


Section 

1.  Duty  of  clerk  of  the  market. 

2.  Horses  and  wagons  how  to  stand. 

3.  Horses  to  be  unharnessed  from  wag- 
ons, &c. 

4.  Market  hours. 

5.  Market  to  be  closed   except   during 
market  hours. 

6.  Sweeping — scales — weights-stalls  re- 
served. 

7.  Offal,  «&.c.,  how  disposed  of. 

8.  Stalls    how    leased— in   case    of  im- 
provements. I  about  market. 

9.  Stalls  how  may  be  underlet.  |  20.    Breaches  how  prosecuted. 
10.    All    articles    to  be  weighed  on   city  j  21.    Penalties. 

scales.  I 

t 

Section  1.  Beit  ordained  by  the  city  council  of  the  city 
of  Providence,  that  the  clerk  of  the  market  shall  have  the  care 
and  superintendence  of  the  city  market  and  market-place. 
It  shall  be  his  duty  to  preserve  order  therein,  and  to  execute 
and  to  carry  into  effect  all  the  ordinances  and  by-laws  that 
shall  be  from  time  to  time  established,  for  the  regulation  there- 
of. He  shall  keep  said  market-place  free  from  any  thing 
vi^hich  may  obstruct  its  proper  use  ;  and  prevent  or  disperse 
all  collections  of  disorderly  persons  therein.  He  shall  cause 
the  snow^  to  be  removed  from  the  side-walks  adjoining  the  mar- 
ket-house, and  from  the  foot-walks  on  Weybosset  bridge,  as 
soon  as  may  be  after  the  same  has  fallen ;  and  the  manure 
and  filth  to  be  scraped  up  and  removed  from  market-square 
and  Weybosset  bridge,  once  a  week  at  least,  during  that  por- 
tion of  the  year  when  it  is  practicable. 

Sec.  2.  That  no  person  shall  keep  standing  any  wagon  or 
other  carriage,  horse  or  other  beast,  within  said  market-place 
for  any  longer  space  of  time,  nor  place  or  range  any  such 
wagon  or  carriage  in  any  other  manner,  than  such  as  may  be 
directed  or  permitted  by  said  clerk. 

Sec.  3.  That  no  person  shall,  without  the  permission  of  the 
clerk  of  the  market,  take  a  stand  in  that  part  of  said  market- 
place called  Market-square,  including  Weybosset  bridge,  with 
any  wagon  or  other  carriage,  for  the  purpose  of  marketing 
meat,  poultry,  fish,  vegetables  or  fruit,  unless  he  or  she  shall 
first  unharness  the  horse  or  other  beast  attached  to  such  wag- 
on or  other  carriage,  and  remove  such  horse  or  other  beast 
out  of  and  from  said  Market-sqnare. 

Sec.  4.  The  market-house  shall  be  opened  by  said  clerk  of 
the  market  every  day,  Sundays  excepted,  by  sun-rise,  and 


REGULATIONS  OF  MARKET  PLACE.  93 

shut  at  four  o'clock,  P.  M.  except  on  Saturdays,  when  it  shall 
be  shut  at  nine  o'clock,  P.  M.  Before  shutting  the  same,  the 
said  clerk  shall  see  that  all  fires  and  hghts  therein  be  extin- 
guished. 

Sec.  5.  That  at  all  times  other  than  mentioned  in  the  pre- 
ceding section,  said  market-house  shall  be  shut  up  and  se- 
curely fastened. 

Sec.  6.  That  it  shall  be  the  duty  of  said  clerk  to  visit  the 
market-house,  at  least,  twice  in  each  day  while  it  is  open ;  to 
cause  the  same  to  be  swept  daily,  and  kept  clean ;  to  provide 
scales  and  weights,  or  balances,  sufficient  for  the  use  thereof ; 
to  reserve  certain  stalls  therein  for  the  exclusive  use  of  per- 
sons who  sell  their  own  produce  ;  and  to  prevent  the  said  stalls 
from  being  otherwise  used  or  occupied. 

Sec.  7.  That  no  person  shall  throw  upon  the  floor,  or  any 
part  of  the  market-house,  nor  into  the  square  or  streets  ad- 
joining the  same,  any  sheeps'  heads  or  feet ;  nor  the  heads, 
feet  or  hoofs  of  any  other  creature,  or  any  joints  or  bones 
thereof;  nor  any  animal  or  vegetable  matter  or  offal;  nor 
any  tainted  brine  or  other  liquid  whatever  ;  and  that  every 
person  attending  market  for  the  selling  of  vegetables  or  pro- 
visions, shall  keep  a  basket,  barrel,  box  or  other  suitable  re- 
ceptacle, under  the  stall,  or  in  or  near  the  wagoqor  cart  where 
he  may  sell  such  vegetables  or  provisions,  and  deposit  therein 
all  such  refuse  parts  and  pieces  as  he  may  cut  off  or  sever 
therefrom  ;  and  convey  the  same  out  of  the  hmits  of  the  mar- 
ket-place, every  day. 

Sec.  8.  That  it  shall  be  the  duty  of  the  city  treasurer, 
annually,  on  the  first  Monday  in  December,  by  and  with  the 
advice  of  the  clerk  of  the  market,  to  lease  so  many  of  the 
stalls  in  the  market-house  as  he  may  deem  expedient ;  and 
the  said  city  treasurer  shall,  in  the  name  of  the  city,  execute 
leases  thereof  in  writing ;  the  rent  whereof  shall  either  be 
paid  in  advance,  the  city  treasurer  in  that  case  allowing  the 
lessee  three  per  cent,  on  the  amount  thus  paid  ;  or  secured  by 
promissory  notes,  with  an  endorser  or  endorsers  to  the  satis- 
faction of  the  city  treasurer,  payable  in  six  months  at  bank  ; 
and  the  city  treasurer,  with  the  advice  of  the  clerk  of  the 
market,  may  lease  any  stall  or  stalls  in  the  market-house,  for 
any  term  of  time  not  exceeding  three  years,  to  any  person  or 
persons  who  shall  make  such  improvement  in  their  stalls  as 
shall  be  satisfactory  to  the  said  treasurer  and  clerk ;  and  any 
improvement  which  shall  be  made  in  the  stalls  by  tenants, 
may  be  removed  at  the  expiration  of  their  leases,  provided 
the  same  can  be  done  without  injury  to  the  market-house  ; 


94 


REGULATIONS  OF  MARKET-PLACE. 


and  the  rent  of  said  stalls  shall  be  paid  annually,  as  before  di- 
rected. 

Sec.  9.  That  no  person  shall  underlet  any  stall  in  said 
market-house,  without  the  written  permission  of  the  clerk  of 
the  market,  on  the  back  of  the  lease  thereof. 

Sec  10.  That  no  person  shall  sell  any  article  by  weight, 
in  said  market-house,  except  the  same  be  weighed  by  the 
scales  or  balances  provided  for  that  purpose  by  the  clerk  of 
the  market. 

Sec.  11.  That  no  person  shall  have  in  his  possession  in 
said  city  market-place,  nor  sell,  nor  offer  for  sale  therein,  any 
stale,  tainted  or  unwholesome  provisions  of  any  kind  ;  and 
if  any  person  shall  neglect  or  refuse  to  remove  from  said  mar- 
ket-place any  such  provisions  in  his  possession,  he  shall  be 
deemed  guilty  of  a  breach  of  this  ordinance,  and  be  subject  to 
the  penalty  hereinafter  mentioned. 

Sec.  12.  That  no  lessee  of  any  stall  shall  have  at  one  time 
more  than  three  casks  in  said  market-house,  for  the  purpose 
of  keeping  provisions  therein,  without  the  permission  of  the 
clerk  of  the  market. 

Sec.  13.  That  no  person  shall  erect  or  occupy  any  tent  or 
booth  within  the  limits  of  said  city  market-place. 

Sec  14.  That  it  shall  be  the  duty  of  the  clerk  of  the  mar- 
ket to  visit  the  fish  market,  at  least  twice  every  day  ;  to  re- 
serve two  stalls  in  said  market  for  the  exclusive  use  of  such 
fishermen  only  as  shall  catch  and  bring  fish  to  market  for 
sale. 

Sec  15.  That  it  shall  be  the  duty  of  the  city  treasurer,  on 
the  first  Monday  in  January,  annually,  by  and  with  the  advice 
of  the  clerk  of  the  market,  to  lease  all  the  stalls  in  said  fish 
market,  except  two  ;  and  the  said  city  treasurer  shall,  in  the 
name  of  the  city,  execute  leases  of  the  same  in  writing,  the 
rent  whereof  shall  be  paid  in  advance. 

Sec  16.  That  no  person  shall  under-let  any  one  of  said 
stalls,  or  stands,  without  the  written  permission  of  said  clerk 
of  the  market,  on  the  back  of  the  lease  thereof 

Sec  17.  That  no  person  shall  use  or  occupy  any  part  of 
said  fish  market,  or  platform  in  front  of  the  same,  between 
ten  o'clock,  P.  M.  and  daybreak. 

Sec  18.  That  every  person,  on  leaving  for  the  day  the 
stall  or  stand  by  him  occupied  in  said  fish  market,  or  on  said 
platform,  shall  remove  all  filth,  shells  or  offal  from  said  stall  or 
stand,  and  carry  the  same  without  the  limits  of  the  city  mar- 
ket-place. 

Sec  19.     That  no  person  notoriously  intemperate  or  dis- 


HAY  MARKET— WOOD  AND  COAL  CARTS. 


95 


solute  shall  use  or  tend  any  of  the  stalls  in  either  of  the  city  mar- 
kets or  any  of  the  benches  or  tables  on  the  platform  in  front  of 
the  fish  market ;  nor  shall  any  such  person  loiter  in  or  about 
said  markets. 

Sec.  20.  That  it  shall  be  the  duty  of  the  clerk  of  the 
market  to  complain  to  the  city  marshal  of  every  breach  of 
this  and  every  other  city  ordinance  committed  within  said 
market-place ;  to  the  end  that  the  same  may  be  prosecuted. 

Sec.  21.  That  every  person  who  shall  violate  any  provi- 
sion in  this  ordinance  contained  shall  forfeit  and  pay  a  sum 
not  less  than  two  dollars,  nor  more  than  five  dollars,  to  and  for 
the  use  of  the  city,  to  be  recovered  by  proper  legal  process 
before  any  court  of  competent  jurisdiction. 


An  Ordinance  in  relation  to  the  hay  market. 


Section 
1.    Hay  to  stand  for  sale  in  the  hay  mar- 
ket 


Section 

2.   City  scale    to   be    kept   in    repair- 
weigher. 


It  is  ordained  by  the  city  council  of  the  city  of  Providence 
follows,  viz  : 


as 


Section  1.  No  cart,  wagon,  sled  or  other  vehicle  loaded 
with  hay,  shall  be  permitted  to  stand  within  the  limits  of  the 
market  place,  excepting  upon  the  hay  market-square,  at  the 
junction  of  Canal  and  South  Court-streets  ;  and  every  owner 
or  driver  of  any  cart,  wagon,  sled  or  other  vehicle  standing 
contrary  to  the  provisions  of  this  ordinance,  shall  forfeit  and 
pay  the  sum  of  five  dollars,  to  be  recovered  for  the  use  of  the 
city,  by  proper  legal  process  before  any  court  of  competent 
jurisdiction. 

Sec  2.  The  platform  scale  upon  said  hay  market-square 
shall  be  kept  in  good  order,  at  the  expense  of  the  city,  and 
the  city  treasurer  shall  be  authorized  to  appoint  a  weigher 
therefor,  who  may  receive  such  portion  of  the  fees  for  weigh- 
ing as  the  city  treasurer  may  think  reasonable. 


An  Ordinance  in  relation  to  wood  and  coal  carts, 

I  Section 


Section 
1 .    Wood  and  coal  carts  not  to  stand  more 
than  fifteen  minutes  in  certain  places. 


2.  Penalty. 

3.  Such  carts  may  stand  in  hay  market. 


96 


WEIGHTS,  MEASURES,  SCALES  AND  BALANCES 


It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz : 

Section  1.  From  and  after  the  first  of  October,  1843,  no 
cart,  wagon  or  other  vehicle  loaded  with  firewood  or  coal, 
shall  be  permitted  to  stand  for  more  than  fifteen  minutes  in 
any  street  or  highway  in  the  district  included  within  a  line 
drawn  from  the  cove,  through  Mathewson,  across  Broad, 
through  Richmond  and  Ship-streets,  to  the  river,  including  all 
of  said  streets ;  thence  to  the  foot  of  Power-street,  thence  to 
the  east  line  of  South  Main-street,  and  following  that  line  and 
the  east  Hne  of  North  Main-street  to  North  Court-street  ; 
thence  westerly  to  the  cove ;  excepting  in  Dorrance-street, 
in  South  Main-street  between  Power  and  Planet-streets,  and 
in  the  street  south  of  the  hay  market. 

Sec  2.  Every  owner,  driver,  or  person  having  charge  of 
any  cart,  wagon,  or  other  vehicle,  standing  in  any  street  or 
highway  in  violation  of  the  provisions  hereof,  shall  forfeit  and 
pay  the  sum  of  five  dollars,  to  and  for  the  use  of  the  city  ;  to 
be  recovered  by  proper  legal  process  before  any  court  of  com- 
petent jurisdiction. 

Sec.  3.  Carts,  wagons,  or  other  vehicles,  loaded  with  fire- 
wood, may  stand  in  the  hay  market,  under  such  directions  as 
the  clerk  of  the  market  may  establish. 


An  Ordinance  in  relation  to  weights,  measures,  scales  and 

balances. 


Section 

1.  Weights  and  measures  to  be  sealed 
once  a  year. 

2.  Penalty  for  using  unsealed  weights 
and  measures. 

3.  City  sealer  to  distribute  this  ordinance 
— to  report  to  city  treasurer  names  of 
persons  who  violate  it — prosecutions. 


Section 

4.  City  sealer — how  appointed — compen- 
sated by  city. 

5.  Weighers  of  coal — coal  to  be  weighed 
— fees. 

6.  Penalty  for  selling  coal  not  weighed 
by  public  weigher. 


It  IS  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz: 

Section  1.  It  shall  be  the  duty  of  every  person  using  any 
weight,  measure,  yard-stick,  platform  or  other  scales,  steel- 
yard, or  other  balance  of  whatever  description,  for  the  pur- 
pose of  selHng  or  vending  any  articles  of  goods,  wares,  mer- 
chandise, liquors  or  provisions  thereby,  in  said  city,  to  cause 
the  same  to  be  examined  and  sealed  by  the  city  sealer  of 


WEIGHTS,  MEASURES,  SCALES  AND  BALANCES.  9*7 

weights  and  measures,  between  the  first  day  of  July  and  the 
first  day  of  December,  in  each  and  every  year. 

Sec.  2.  Every  person  who,  from  and  after  the  thirty-first 
day  of  December,  A.  D.  1837,  shall  use  or  permit  to  be  used 
for  him  or  her,  any  weight,  measure,  yard  stick,  platform  or 
other  scales,  steelyard,  or  other  balance  of  whatever  descrip- 
tion, in  weighing  or  measuring  therewith  for  sale  any  article 
of  goods,  wares,  merchandise,  liquors  or  provisions  in  said 
city,  unless  the  same  shall  have  been  duly  sealed  in  confor- 
mity with  the  provisions  contained  in  the  first  section  of  this 
ordinance,  shall  forfeit  and  pay  for  each  offence  the  sum  of 
twenty  dollars,  to  and  for  the  use  of  the  city,  to  be  recovered 
in  an  action  of  debt  in  the  name  of  the  city  treasurer,  before 
the  proper  court  to  try  the  same. 

Sec.  3.  It  shall  be  the  duty  of  the  city  sealer  of  weights 
and  measures  to  send,  on  or  before  the  first  day  of  August  in 
each  and  every  year,  to  every  person  or  partnership  firm  in 
said  city,  selling  any  goods,  wares,  merchandise,  liquors  or 
provisions  therein,  a  copy  of  this  ordinance,  certified  by  said 
sealer  of  weights  and  measures  ;  and  it  shall  also  be  the  duty 
of  said  sealer  of  weights  and  measures  to  make  and  keep,  in 
a  book  to  be  by  him  provided  for  that  purpose,  a  true  record 
of  the  names  of  every  person  and  partnership  firm  in  said 
city,  selling  goods,  wares,  merchandize,  liquors  or  provisions 
therein ;  and  to  report  in  writing  to  the  city  treasurer,  between 
the  first  day  of  January  and  the  first  day  of  June  in  each  and 
every  year,  the  name  of  every  person  and  partnership  firm 
who  shall  have  violated  the  provisions  contained  in  the  first 
section  of  this  ordinance ;  and  it  shall  be  the  duty  of  the  city 
treasurer,  within  twenty  days  after  such  report  shall  have  been 
made  to  him,  to  commence  and  prosecute  suits,  before  the 
proper  court  to  try  the  same,  for  the  recovery,  to  the  use  of 
said  city,  of  the  amount  of  all  penahies  which  shall  have  been 
incurred  by  violation  of  the  provisions  contained  in  said  first 
section. 

Sec.  4.  There  shall  be  annually  appropriated  by  the  city 
council,  and  paid  out  of  the  city  treasury,  to  the  city  sealer  of 
weights  and  measures,  a  stated  salary,  which  shall  be  in  full 
compensation  for  the  discharge  and  performance  of  all  the 
duties  required  of  him  by  this  ordinance. 

Sec.  5.  There  shall  annually  be  appointed  by  the  city 
council,  a  sufficient  number  of  public  weighers  of  coal ;  and 
all  anthracite  or  other  coal,  sold  by  weight  in  any  quan- 
tity not  exceeding  fifteen  tons  and  not  less  than  one  half  of  a 
ton,  shall,  previous  to  the  delivery  thereof  to  the  purchaser, 
13 


98 


COLLECTOR  OF  TAXES. 


be  weighed  by  some  one  of  such  public  weighers,  who  shall 
immediately  make  and  deliver  to  the  carrier  thereof,  or  to  the 
driver  of  the  wain  or  vehicle  in  which  the  same  shall  have 
been  placed  for  delivery,  a  certificate  of  the  weight  thereof, 
which  certificate  shall  be  by  such  carrier  or  driver  delivered 
with  such  coal  to  the  purchaser  thereof ;  and  such  public 
weigher  shall  be  entitled  to  demand  and  receive  for  weighing 
each  load  of  such  coal,  and  certifying  the  weight  of  the  same 
as  aforesaid,  the  sum  of  ten  cents  ;  one  half  of  which  sum  shall 
be  paid  by  the  seller  and  one  half  by  the  buyer  thereof:  provided, 
however,  that  in  no  case  shall  any  public  weigher  demand  or 
receive  a  greater  sum  than  one  dollar  and  fifty  cents  for  the 
weighing  and  certifying  of  any  quantity  of  such  coal  not  ex- 
ceeding fifteen  tons,  which  shall  have  been  purchased  at  the 
same  time. 

Sec.  6.  Any  person  who  shall  sell  and  deUver  by  weight, 
or  permit  to  be  sold  and  delivered  for  him,  by  weight,  any 
anthracite  or  other  coal  which  shall  not  have  been  weighed, 
and  the  weight  thereof  certified  as  required  by  the  fifth  sec- 
tion of  this  ordinance,  shall  forfeit  and  pay  for  each  ofience 
the  sum  of  twenty  dollars,  to  and  for  the  use  of  the  city,  to 
be  recovered  in  an  action  of  debt  in  the  name  of  the  city 
treasurer  before  the  proper  court  to  try  the  same. 


An  Ordinance  in  relation  to  the  bonds  of  collector  of  taxes. 


Section 
1.  Collector  to  give  bond  for  amount  of 
tax. 


Section 
2.   Sureties  to  be  approved  by  board   of 
aldermen. 


Be  it  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz  : 

Section  1.  Each  and  every  collector  of  the  city  taxes, 
previous  to  his  entering  upon  the  collection  of  any  tax  or 
taxes,  shall  give  bond  or  bonds  with  sufficient  sureties  to  the 
city  treasurer,  for  the  faithful  performance  of  his  trust,  which 
bond  or  bonds  shall  be  for  the  amount  of  the  tax  or  taxes 
such  collector  is  to  collect. 

Sec.  2.  The  sureties  to  such  collector's  bond  or  bonds 
shall  be  approved  by  the  board  of  aldermen,  before  the  city 
treasurer  shall  receive  such  bond  or  bonds. 


CITY  DEBT. 


99 


An  Ordinance  in  relation  to  the  city  debt. 


Section 


Committee   for   the   reduction  of  the 
city  debt  to  be  appointed. 
Treasurer   authorized  to  issue  notes, 
&c.,  in  certain  cases — to  make  quar- 
terly report. 


Section 

3.  Register  of  city  debt  to  be  kept — 
notes,  &c.,  to  be  entered  before  issued 
— right  of  voters  to  inspect  register. 

4.  Fund  for  extinguishing  debt. 


It  is  ordained  by  the  city  council  of  the  city  of  Providence, 
folloics,  viz  : 


as 


Section  1.  There  shall  be  annually  appointed  in  the 
month  of  June,  by  their  respective  boards,  one  alderman  and 
three  common  councilmen,  who,  with  the  mayor,  shall  be  a 
committee  for  the  reduction  of  the  city  debt ;  and  it  shall  be 
the  duty  of  the  city  treasurer  to  consult  said  committee  as  to 
all  matters  concerning  the  city  debt. 

Sec  2.  The  city  treasurer  is  hereby  authorized  to  issue 
the  notes,  bonds  or  other  obligations  of  the  city,  payable 
upon  fixed  days,  not  more  than  five  years  after  the  date  there- 
of, and  bearing  interest  at  a  rate  not  exceeding  six  per  cent, 
per  annum,  whenever  it  shall  be  necessary  or  expedient  in 
order  to  provide  funds  for  the  payment  of  any  city  note,  bond 
or  other  obligation  which  now  is  or  shall  hereafter  become 
due  and  payable ;  and  it  shall  be  the  duty  of  the  city  treasu- 
rer to  make  report  to  the  city  council,  at  their  earliest  meet- 
ing in  March,  June,  September  and  December,  of  the  issues 
and  payments  of  city  debt  during  the  preceding  three  months. 

Sec.  3.  The  city  treasurer  shall  cause  to  be  prepared  a 
register  of  the  number,  date,  page,  amount,  day  of  payment 
and  rate  of  interest  of  every  city  note,  bond  or  other  obli- 
gation now  outstanding,  which  register  shall  be  placed  in 
the  custody  of  the  city  clerk,  and  whenever  any  note, 
bond  or  other  obligation  of  the  city  shall  hereafter  be  issued, 
the  city  treasurer  shall  present  the  same  to  the  city  clerk,  who 
shall  record  in  said  register  all  the  particulars  above  stated, 
and  shall  certify  upon  said  note,  bond  or  obUgation,  that  it 
has  been  duly  registered  ;  and  whenever  any  city  note,  bond 
or  other  obligation  shall  be  paid,  the  city  treasurer  shall  ex- 
hibit the  same  to  the  city  clerk,  who  shall  thereupon  record  in 
said  register  that  such  payment  has  been  made  ;  and  every 
person  paying  a  property  tax  in  this  city  shall  have  a  right  to 
inspect  said  register  of  the  city  debt. 

Sec  4.  There  shall  be  established  a  fund  for  the  payment 
of  the  city  debt,  and  the  city  treasurer  is  hereby  directed  to 


100 


PUBLIC  SCHOOLS. 


credit  to  said  fund  all  receipts  into  the  treasury  for  rents  of 
city  property,  licenses  and  interest,  and  the  sum  of  twelve 
thousand  dollars  from  the  first  money  received  into  the  trea- 
sury from  other  sources  after  the  first  day  of  July  in  each 
year ;  and  he  shall  charge  said  fund  with  all  payments  of  the 
principal  or  interest  of  the  city  debt. 


An  Ordinance  in  relation  to  public  schools. 


Section 

1.  Description  of  public  schools  estab- 
blished — who  are  to  be  instructed 
therein. 

2.  Character  of  instruction. 

3.  High  school — number  of  pupils. 

4.  Ages  at  which  pupils  may  be  admit- 
ted— time  they  may  remain  in  high 
school — who  may  attend  it. 

5.  Superintendent  of  public  schools — by 
whom  appointed — duties 


Section 

6.  Commencement  of  school  year. 

7.  Schools  for  colored  children — tuition 
of  colored  children  may  be  paid  in 
certain  cases. 

8.  Salaries  of  teachers,  &c. 

9.  School  committee  to  control  money 
appropriated  for  schools — other  duties 
— authority. 


It  is  ordained  by  the  city  council  of  the  city  of  Providence, 
follows,  viz : 


as 


Section  1.  From  and  after  the  passage  of  this  ordinance, 
the  number  of  pubhc  schools  in  said  city  shall  be  twenty- 
eight  ;  (not  including  schools  for  colored  children  ;)  and  that 
said  schools  shall  be  of  the  following  descriptions,  to  wit : 

One  high  school, 

Six  grammar  and  writing  schools. 

Twenty-one  intermediate  and  primary  schools  : 
And  that  free  instruction  shall  be  therein  given  to  the  children 
of  all  the  inhabitants  of  said  city  who  may  see  fit  to  avail 
themselves  thereof,  subject  only  to  the  rules  and  regulations 
herein  after  contained  and  provided  for. 

Sec  2.  Thorough  instruction  shall  be  given  in  said  schools 
in  all  the  branches  of  a  good  English  education,  and  the 
school  committee  are  authorized,  in  their  discretion,  to  cause 
to  be  given  therein,  to  all  the  pupils  whose  parents  or  guard- 
ians may  desire  it,  instruction  in  all  the  preparatory  branches 
of  a  classical  education. 

Sec  3.  The  high  school  shall  not  at  any  time  contain 
more  than  two  hundred  and  fifty  pupils  ;  of  which  number 
not  more  than  one  hundred  and  twenty-five  shall  be  females, 
except  when  the  number  of  male  pupils  shall  be  less  than  one 
hundred  and  twenty-five ;  in  which  case  an  additional  num- 


PUBLIC  S'GHObt^  '  ' '  '    '  ' '  -  >  ''  •  •  101 

ber  of  females  may  be  admitted,  until  the  school  shall  be  fill- 
ed, under  such  conditions  as  the  school  committee  may  pre- 
scribe. 

Sec.  4.  No  child  who  shall  not  have  attained  the  age  of 
four  years  shall  be  admitted  as  a  pupil  into  a  primary  school ; 
no  child  who  shall  not  have  attained  the  age  of  seven  years 
shall  be  admitted  as  a  pupil  into  a  grammar  and  writing 
school,  nor  unless  qualified  immediately  to  enter  upon  the 
course  of  studies  pursued  therein ;  no  child  shall  be  admitted 
as  a  pupil  into  the  high  school  unless  qualified  immediately 
to  enter  upon  the  course  of  studies  pursued  therein  ;  no  pupil 
shall  remain  in  the  high  school  more  than  three  years ;  no 
child  who  shall  not  have  attended  a  grammar  and  writing 
school  for  at  least  three  years  shall  be  admitted  to  the  high 
school  when  there  is  a  sufficient  number  of  such  candidates 
in  the  grammar  and  writing  schools  qualified  for  admission 
therein ;  but  whenever  there  shall  not  be  a  sufficient  number 
of  such  candidates,  any  child  who  is  qualified  may  be  admit- 
ted for  such  time  as  the  school  committee  may  determine. 

Sec.  5.  The  school  committee  are  hereby  authorized  and 
requested  to  appoint  annually  a  superintendent  of  the  pub- 
lic schools,  and  such  teachers  as  they  may  deem  expedient, 
who  shall  perform  such  duties  in  relation  to  the  public  schools 
as  said  committee  may  from  time  to  time  prescribe  ;  said  su- 
perintendent and  teachers  to  be  subject  to  removal  at  any 
time,  by  the  school  committee. 

Sec.  6.  The  first  regular  term  of  all  the  schools  in  each 
school  year  shall  commence  on  the  Monday  next  succeeding 
the  first  Wednesday  in  September. 

Sec.  7.  There  shall  be  two  public  schools  maintained  ex- 
clusively for  the  instruction  of  colored  children ;  each  of 
which  shall  be  under  the  care  of  a  principal,  and  also  an  as- 
sistant teacher,  whenever  in  the  opinion  of  the  school  com- 
mittee the  services  of  such  assistant  may  be  necessary  ;  and 
free  instruction  shall  be  therein  given,  in  the  ordinary  branch- 
es of  an  English  education,  to  the  children  of  all  the  colored 
inhabitants  of  the  city  who  may  see  fit  to  avail  themselves 
thereof,  subject  to  such  rules  and  regulations  as  the  school 
committee  shall  establish ;  and  if  there  be  any  colored  chil- 
dren who  ought  to  attend  a  primary  school,  residing  at  an  in- 
convenient distance  from  the  schools  established  by  the  city, 
the  school  committee  are  hereby  authorized  to  contract  for 
their  tuition  in  private  schools. 

Sec  8.  Such  annual  salaries  shall  be  paid  to  the  superin- 
tendent and  instructors  of  the  schools  respectively,  in  equal 


102  PUBLIC  SCHOOLS. 

quarterly  payments,  as  the  school  committee  shall  direct,  not 
exceeding  the  following  sums,  to  wit  : 

To  the  superintendent,         Twelve  hundred  and  j&fty  dollars. 
To  the  preceptor  of  the  high  school. 

Twelve  hundred  and  fifty  dollars. 
To  each  male  assistant  teacher  of  the  high  school, 

Eight  hundred  dollars. 
To  each  female  assistant  teacher  of  the  high  school. 

Five  hundred  dollars. 
To  each  master  of  a  grammar  and  writing  school. 

Eight  hundred  dollars. 
To  each  male  assistant  teacher  of  a  grammar  and  writing 

school.  Four  hundred  dollars. 

To  each  female  assistant  teacher  of  a  grammar  and  writ- 
ing school,  Two  hundred  and  twenty-five  dollars. 
To  each  principal  of  an  intermediate  or  primary  school. 

Two  hundred  and  fifty  dollars. 
To  each  assistant  teacher  of  an  intermediate  or  primary 

school.  Two  hundred  dollars. 

To  each  male  principal  of  a  school  for  colored  children, 

Five  hundred  dollars, 
To  each  female  principal  of  a  school  for  colored  children. 

Two  hundred  dollars. 
To  each  male  assistant  teacher  of  a  school  for  colored 

children.  Two  hundred  and  fifty  dollars. 

To  each  female  assistant  teacher  of  a  school  for  colored 

children,  One  hundred  and  fifty  dollars. 

Sec.  9.  All  moneys  appropriated  for  the  support  of  public 
schools  shall  be  subject  to  the  exclusive  control  of  the  school 
committee,  who  shall  have  full  power  to  cause  the  same  or  any 
part  thereof  to  be  expended  in  any  manner  which  they  may 
deem  most  advisable  for  the  benefit  and  welfare  of  the  schools ; 
excepting  so  much  thereof  as  will  be  from  time  to  time  re- 
quired for  the  payment  of  the  salaries  established  by  this  ordi- 
nance ;  and  excepting  also,  all  such  appropriations  as  may  be 
made  for  any  specific  purpose  or  purposes.  Said  committee 
shall  also  have  full  power  and  authority  to  establish  and  alter, 
from  time  to  time,  as  they  deem  expedient,  the  bounds  of  the 
several  school  districts,  in  order  to  provide  suitable  locations 
for  such  new  schools  as  may  hereafter  be  established  by  the 
city  council,  or  to  make  more  equal  apportionment  of  pupils 
to  the  several  schools.  It  shall  be  their  duty  to  see  that  the 
school-houses  and  estates  are  kept  in  proper  repair ;  to  select 
and  designate  the  best  text  books ;  and  to  provide  all  such  ap- 
paratus, and  all  other  means  of  instruction  for  all  the  schools, 


QUARANTINE. 


103 


as  may  be  necessary  for  keeping  the  same  in  efficient  opera- 
tion, and  for  enabling  the  pupils  to  receive  all  the  advantages 
therefrom  which  it  is  the  intention  of  this  ordinance  to  pro- 
vide and  secure.  Said  committee  shall  have  and  exercise  a 
general  discretionary  power  in  all  matters  and  things  relating 
to  the  public  schools,  which  are  not  specially  provided  for  by 
this  ordinance,  or  by  the  laws  of  this  state,  and  may  make 
regulations  not  repugnant  to  said  laws,  or  to  the  provisions  of 
this  ordinance. 


An  Ordinance  respecting  quarantine. 


Section 

1.  Bounds  of  quarantine  ground. 

2.  What  vessels  may  pass  the  quaran- 
tine ground  by  permission  of  the 
health  officer. 

3.  Vessels  which  shall  not  unload  at 
wharves,  but  may  discharge  cargo 
into  lighters. — Vessels  loaded  with 
salt,  &c. 

4.  Vessels  in  ballast. 

5.  Vessels  passing  Field's  Point  to  an- 
chor, &c. 

6.  Penalties — vessel  passing  quarantine 
ground  to  return. 

7.  Persons  going  on  board  vessels  to  re- 
main during  quarantine — penalty. 
Hides,  hoofs,  &c.,  not  to  be  landed, 
and  vessels  having  sickness  on  board 


8. 


Section 

not  to  come  to  wharves  during  quar- 
antine— bedding   and   clothing  to  be 
washed — penalty. 
9.  Authority  of  health  officer. 

10.  Persons  ordered  to  hospital. 

11.  No  person    to  go   near  to  hospital — 
exceptions — nurses,  &c.,  not  to  leave 
hospital  without  permit. 
Bilge    water — when  it  may  be  pump- 
ed— penalty. 

Rules  for  vessels  in  quarantine. 
Penalties. 

Board  of  aldermen  may   fix    term  of 
quarantine. 

May  make  further  regulations. 
May  suspend  the  operation  of  this  or- 
dinance. 


Whereas  in  the  opinion  of  the  city  council  of  the  city  of 
Providence,  there  is  danger  that  at  certain  seasons  of  the  year 
contagious  or  infectious  diseases  may  be  brought  into  the  city, 
by  vessels,  their  officers,  seamen,  passengers  and  cargoes ; 
therefore : 


It  is  ordained  by  the  city  council  of  the  city  of  Providence : 

Section  1.  That  the  quarantine  ground  of  said  city  shall 
comprise  that  part  of  the  harbor  of  said  city  lying  westward 
of  the  main  channel  of  the  river,  and  extending  northward 
from  Sassafras  Point  to  the  distance  of  one  half  of  a  mile  from 
said  point. 

Sec.  2.  That  from  and  after  the  twenty-fourth  day  of  June 
next,  no  vessel  which  shall  arrive  in  the  harbor  of  said  city 
from  any  foreign  port  or  place  whatever,  except  those  direct 
from  any  port  or  place  north  of  the  forty-eighth  degree  of 
north  latitude ;  and  no  vessel  which  shall  or  may  arrive  from 
any  port  or  place  in  the  United  States  south  of  Chesapeake  Bay, 


Wft  QUARANTINE. 

and  including  the  port  of  Norfolk  and  places  on  the  James  Riv- 
er, notwithstanding  she  may  have  touched  or  stopped  at  any 
intermediate  port  or  ports  during  her  homeward  passage  ;  nor 
any  vessel  with  her  officers,  crew  or  passengers,  that  shall  have 
touched  or  landed  at  the  port  of  Norfolk  shall  pass  the  quar- 
antine ground.  But  all  such  vessels,  whatever  may  be  their 
lading,  shall  be  subject  to  the  inspection  and  examination  of 
the  health  officer  appointed  by  the  board  of  aldermen,  acting 
ex  officio  as  board  of  health  ;  which  health  officer  may,  on  in- 
formation and  examination  of  any  such  vessel,  permit  her  to 
proceed  up  to  the  city,  if  it  shall  appear  to  him  that  the  pub- 
lic health  will  not  thereby  be  endangered  ;  and  provided  it  is 
not  repugnant  to  the  eighth  section  of  this  ordinance. 

Sec.  3.  That  no  vessel  coming  from  any  port  or  place  in 
the  south  of  Europe,  or  within  the  Straits  of  Gibraltar,  or  from 
any  port  or  place  on  the  American  continent  situated  between 
the  tropics,  including  all  the  West  India  islands,  and  places  in 
the  Bay  of  Mexico,  or  from  any  other  port  or  place  where  it 
is  ascertained  that  contagious  sickness  doth  prevail,  or  hath 
recently  prevailed,  shall  be  permitted  to  unload  at  any  of  the 
wharves  in  said  city,  but  such  vessel,  with  her  officers,  crew 
and  passengers,  after  having  been  subjected  to  and  gone 
through  all  the  regulations  of  quarantine,  to  the  satisfaction 
of  the  said  health  officer,  may,  on  a  certificate  from  him  to 
that  effect,  or  liberty  from  the  board  of  aldermen,  acting  ex 
officio  as  board  of  health,  be  permitted  to  discharge  her  cargo 
into  scows  or  lighters,  any  where  southward  of  the  crook  and 
west  of  the  channel,  and  in  such  craft  may  bring  the  same  up 
to  the  city ;  or  the  said  health  officer  may  permit,  if  in  his 
opinion  no  danger  is  to  be  apprehended,  any  such  vessel  to 
unload  at  the  wharves  at  Fox  Point  or  India  Point.  Vessels 
laden  with  salt,  and  vessels  coming  from  Canton,  or  from  any 
port  in  the  Pacific  Ocean,  having  no  sickness  on  board,  are 
not  included  in  this  ordinance,  but  may,  after  conforming  to 
all  the  directions  of  the  said  health  officer,  and  on  receiving 
his  certificate  that  in  his  opinion  no  danger  is  to  be  appre- 
hended, be  permitted  to  unload  at  any  of  the  wharves  in  said 
city. 

Sec.  4.  That  all  vessels  arriving  at  this  port,  after  having 
discharged  their  cargoes  in  any  other  port  of  the  United 
States,  agreeably  to  the  quarantine  regulations  of  such  port, 
shall  anchor  on  the  quarantine  ground,  and  be  visited  and  ex- 
amined by  the  said  health  officer,  and  be  subject  to  the  provi- 
sions of  the  eighth  section  of  this  ordinance,  the  same  as  if 
said  vessel  came  direct  to  this  port. 


QUARANTINE. 


105 


Sec.  5.  That  every  vessel  subject  on  her  arrival  at  this 
port  to  be  visited  and  examined  by  the  said  health  officer, 
which  shall  pass  Field's  Point  after  nine  o'clock,  P.  M.  and 
before  six  o'clock,  A.  M.,  shall  anchor  at  the  quarantine 
ground,  notwithstanding  she  may  not  have  been  hailed  by  the 
sentinel. 

Sec.  6.  That  if  any  vessel  subject  to  quarantine  shall 
pass  or  leave  the  quarantine  ground  without  permission  of 
the  said  health  officer,  the  owner  or  owners,  or  agent  or 
agents  of  such  vessel,  or  the  person  or  persons  who  shall 
move  the  same,  shall  forfeit  and  pay  to  the  use  of  the  said 
city  a  sum  not  exceeding  one  hundred  dollars,  nor  less  than 
twenty-five  dollars,  to  be  recovered  in  an  action  of  the  case, 
in  the  name  of  the  city  treasurer,  before  the  proper  court  to 
try  the  same ;  and  such  vessel  shall  be  liable  to  be  ordered 
back  to  the  quarantine  ground,  at  the  expense  of  the  owner 
or  owners,  or  agent  or  agents  thereof:  and  the  owner  or  own- 
ers, agent  or  agents  of  such  vessel,  shall  be  liable  to  the  same 
penalty  on  every  repetition  of  such  offence. 

Sec.  7.  That  if  any  officer  of  the  customs  or  any  other 
person  whosoever  shall,  without  the  permission  of  the  board 
of  aldermen,  acting  ex  officio  as  board  of  health,  or  the  health 
officer,  go  on  board  of  any  inward  bound  vessel  that  shall  be 
subject  to  quarantine,  such  officer  or  other  person  so  going 
on  board  shall  not  land  in  said  city  until  the  time  of  quaran- 
tine of  such  vessel  shall  have  expired,  under  a  penalty  not 
exceeding  twenty  dollars,  nor  less  than  five  dollars,  to  be  re- 
covered to  the  use  of  the  city,  by  proper  legal  process,  before 
any  court  of  competent  jurisdiction. 

Sec.  8.  That  no  untanned  hides,  skins,  horns,  hoofs,  or  any 
other  article  whatever,  that  shall  or  may  be  thought  by  the  said 
health  officer  capable  of  generating  disease,  shall  be  landed 
from  any  vessel  whatever,  within  the  limits  of  this  city,  during 
the  existence  of  the  quarantine,  except  at  the  hospital  ground, 
or  Fox  Point,  or  India  Point ;  nor  shall  such  goods  be  brought 
into  the  compact  part  of  said  city,  except  by  special  permission 
from  said  health  officer ;  nor  shall  any  vessel  having  sickness 
on  board,  or  having  had  any  person  or  persons  sick  of  a  ma- 
lignant or  contagious  disease  during  the  voyage,  be  permitted 
to  come  to  any  wharf  in  the  city,  during  the  existence  of  the 
quarantine,  except  to  the  wharves  at  Fox  Point,  south  of  Pike's 
wharf,  or  India  Point,  under  special  permission  from  the  health 
officer  ;  nor  shall  any  foul  or  unclean  bedding  or  clothing  be 
14 


106 


QUARANTINE. 


landed  or  brought  within  the  Hmits  of  said  city,  during  the 
existence  of  the  quarantine,  from  any  vessel  in  which  any  of 
the  crew  or  passengers  have  been  sickly  during  the  voyage ; 
nor  shall  any  foul  or  unclean  bedding  or  clothing  be  brought 
within  the  hmits  of  said  city,  during  said  time,  from  any 
place  where  any  contagious  or  mahgnant  disorder  doth  or 
hath  recently  prevailed,  unless  the  same  are  first  carried  di- 
rect to  the  hospital,  and  there  washed  and  cleansed  ;  and 
every  person  concerned  in  the  violation  of  this  section  shall 
incur  a  penalty  not  exceeding  one  hundred  dollars,  nor  less 
than  twenty-five  dollars,  to  and  for  the  use  of  the  city,  to  be 
recovered  in  an  action  of  the  case,  in  the  name  of  the  city 
treasurer,  before  the  proper  court  to  try  the  same. 

Sec.  9.  That  the  said  health  officer  shall  have  authority  to 
put  such  interrogatories  and  inquiries  to  the  captain  or  com- 
manding officer,  or  any  other  person  on  board  of  any  vessel 
arriving  at  this  port  and  subject  to  quarantine,  as  he  shall 
deem  proper,  respecting  the  state  of  the  vessel  and  the  health 
of  the  people  on  board  ;  and  if  such  captain  or  commanding 
officer  or  other  person  shall  refuse  to  answer  any  or  all  inter- 
rogatories or  inquiries  put  to  him  by  such  health  officer,  or 
shall  evade  such  inquiries,  or  shall  in  any  way  or  manner 
make  or  cause  to  be  made  to  such  health  officer  a  false  or 
equivocal  statement  or  report  relative  to  the  officers,  crew  or 
passengers  on  board  thereof,  or  of  the  state  of  health  of  all 
or  any  of  the  officers,  crew  or  passengers,  or  shall  neglect  to 
report  to  said  health  officer  any  death  that  may  have  occurred 
on  board  during  the  said  voyage,  or  shall  refuse  to  sign  his 
written  examination  taken  at  the  time  by  said  health  officer, 
after  being  requested  so  to  do,  such  captain,  commanding 
officer  or  other  person  so  offending  shall  forfeit  and  pay,  as  a 
penalty  to  and  for  the  use  of  the  city,  a  sum  not  exceeding 
two  hundred  dollars,  nor  less  than  one  hundred  dollars,  to  be 
recovered  in  an  action  of  the  case,  in  the  name  of  the  city 
treasurer,  before  the  proper  court  to  try  the  same. 

Sec.  10.  That  if  any  person  ordered  to  the  hospital  from 
on  board  any  vessel  arriving  at  this  port,  or  from  any  part  of 
said  city,  after  having  so  arrived,  shall  refuse  to  go  thither,  or 
being  there  shall  depart  from  or  leave  the  limits  of  said  hos- 
pital without  permission  first  obtained  from  the  board  of  al- 
dermen, acting  ex  officio  as  board  of  health,  or  from  said 
health  officer,  in  writing,  such  person  shall,  for  each  oflfence, 
forfeit  and  pay  a  sum  not  exceeding  one  hundred  dollars,  nor 
less  than  twenty-five  dollars,  to  and  for  the  use  of  the  city,  to 


QUARANTINE.  107 

be  recovered  in  an  action  of  the  case,  in  the  name  of  the  city 
treasurer,  before  the  proper  court  to  try  the  same. 

Sec.  11.  That  no  person  during  the  existence  of  the 
quarantine,  unless  by  the  special  permission  of  the  board  of 
aldermen,  acting  ex  officio  as  board  of  health,  or  health  officer, 
shall  go  within  fifty  yards  of  the  hospital ;  except  those  at 
quarantine,  the  health  officer,  and  other  physicians,  nurses, 
and  those  attached  to  the  family  of  the  keeper  of  the  hos- 
pital, and  those  passing  on  the  turnpike  road  ;  under  a  penal- 
ty not  exceeding  twenty  dollars,  nor  less  than  five  dollars,  to 
be  recovered  to  the  use  of  the  city,  by  proper  legal  process 
before  any  court  of  competent  jurisdiction  ;  nor  shall  nurses, 
or  those  attached  to  the  family  of  said  keeper,  be  allowed  to 
leave  the  hospital,  without  his  permission  in  writing,  under 
the  like  penalty,  to  be  recovered  in  Hke  manner. 

Sec.  12.  That  no  stagnant  or  offensive  bilge  water  shall 
be  pumped  out  of  any  vessel  at  any  wharf  in  said  city  above 
Fox  Point,  nor  in  the  channel  or  on  the  flats  opposite  said 
wharves,  during  the  existence  of  the  quarantine  regulations, 
unless  it  be  done  between  the  hours  of  eleven  o'clock,  P.  M. 
and  four  o'clock,  A.  M.,  under  the  penalty  of  two  dollars  for 
the  first  offence,  and  for  every  subsequent  offence  five  dollars, 
to  be  recovered  of  the  captain  or  commanding  officer  of  such 
ship  or  vessel,  or  of  the  owner  or  owners  thereof,  to  the  use 
of  said  city,  in  an  action  of  debt,  in  the  name  of  the  city 
treasurer,  before  the  proper  court  to  try  the  same. 

Sec.  13.  That  the  following  be  the  rules  and  regulations 
to  be  observed  on  board  all  vessels  while  at  quarantine  : 

1.  Every  vessel  shall,  during  her  quarantine,  wear  colors 
in  her  shrouds. 

2.  No  provisions,  spirituous  liquors  or  other  articles,  shall 
be  admitted  on  board  of  such  vessel,  without  permission  from 
the  said  health  officer. 

3.  The  said  health  officer  shall,  on  all  occasions,  direct 
what  goods  shall  be  delivered  from  on  board  such  vessel,  the 
place  where,  and  the  manner  in  which,  they  shall  be  landed. 

4.  No  person  or  persons,  in  any  boat  or  vessel,  shall  be 
permitted  to  go  alongside  of  any  such  vessel  at  quarantine, 
without  permission  of  said  health  officer  ;  nor  to  be  at  anchor, 
or  remain  in  any  other  manner,  within  one  hundred  yards  of 
any  such  vessel. 

5.  Every  such  vessel  shall  be  removed  and  stationed  at 
such  place  as  the  said  health  officer  may,  from  time  to  time, 
under  the  direction  of  the  board  of  aldermen,  acting  ex  officio 
as  board  of  health,  direct  and  appoint. 


108 


QUARANTINE. 


6.  The  bilge  water  shall  be  pumped  from  every  such  ves- 
sel at  least  twice  a  day. 

7.  The  directions  of  the  said  health  officer,  for  cleansing 
the  vessel,  clothing,  and  other  things  on  board,  shall  be  strictly 
complied  with  by  the  officers  and  crew. 

8.  The  commander  of  every  such  vessel  shall  be  answer- 
able for  all  irregularities  and  breaches  of  these  regulations,  by 
the  people  on  board.  All  permissions  and  directions  of  the 
said  health  officer,  as  aforesaid,  shall  be  in  writing. 

Sec.  14.  That  if  any  person  or  persons  shall  be  guilty  ot 
a  breach  of  any  of  the  rules  and  regulations  contained  in  the 
next  preceding  section,  such  person  or  persons  so  offending 
shall  forfeit  and  pay  a  sum  not  exceeding  twenty  dollars,  nor 
less  than  ten  dollars,  to  and  for  the  use  of  the  city,  to  be  re- 
covered by  proper  legal  process  before  any  court  of  compe- 
tent jurisdiction. 

Sec.  15.  That  the  board  of  aldermen,  acting  ex  officio  as 
board  of  health,  be  and  they  hereby  are  authorized  and  em- 
powered, from  time  to  time,  to  fix  and  assign  the  term  which 
vessels  shall  be  detained  at  quarantine,  by  virtue  of  this  ordi- 
nance, and  also  to  prescribe  from  time  to  time,  if  they  deem 
it  necessary,  such  other  ports,  places  or  countries,  beside  those 
mentioned  in  this  ordinance,  from  which  vessels  arriving  shall 
be  subject  to  examination  for  quarantine. 

Sec.  16.  That  the  board  of  aldermen,  acting  ex  officio  as 
board  of  health,  be  and  they  hereby  are  authorized  and  em- 
powered to  make  and  carry  into  effect  such  further  rules  and 
regulations  respecting  quarantine  as  to  them  may  appear  ne- 
cessary to  prevent  the  introduction  of  contagious  or  infectious 
diseases  from  other  places ;  and  to  annex  such  penalties  for 
the  breach  thereof  as  they  may  think  proper,  not  exceeding 
two  hundred  dollars  fine,  or  ten  days  imprisonment. 

Sec.  17.  That  the  board  of  aldermen,  acting  ex  officio  as 
board  of  health,  be  and  they  hereby  are  authorized  and  em- 
powered, from  time  to  time,  to  suspend  the  operation  of  the 
whole  or  any  part  of  this  ordinance,  in  such  manner  and  for 
such  term  as  they  may  deem  proper ;  and  the  same  to  revive, 
at  their  discretion. 


INTERMENT  OF  THE  DEAD. 


109 


An  Ordinance  in  relation  to  the  interment  of  the  dead. 


Section 

1.  Undertakers  to  be  appointed. 

2.  Physicians  to  give  certificates  of  dis- 
ease. 

3.  Undertakers  to  demand  certificate  be- 
fore interment. 

4.  Penalty  for  not  furnishing  certificate. 

5.  Monthly  returns  of  interments. 

6.  Funerals  to  be  in  day  time — depth  of 
grave 


Section 

7.  Abstract  of  returns  to  be  published 
once  a  month — also  at  the  close  of 
the  year. 

8.  Penalties. 

9.  10  &  11.   Permits   to  persons  not  un- 

dertakers— returns — penalty. 
12.    No  burials,  except  in  grounds  desig- 
nated. 


It  is  ordained  by  the  city  council  of  the  city  of  Providence, 
follows,  viz  : 


as 


Section  1.  There  shall  be  appointed  by  the  city  council 
a  sufficient  number  of  persons  to  act  as  undertakers,  remova- 
ble at  the  pleasure  of  the  city  council. 

Sec.  2.  Whenever  any  person  shall  die  in  this  city,  it 
shall  be  the  duty  of  the  physician  attending  in  his  or  her  last 
sickness,  to  leave,  vi^ithin  forty-eight  hours  after  the  death,  at 
the  last  residence  of  such  deceased  person,  a  certificate  sta- 
ting the  disease  or  accident  which  caused  his  or  her  death, 
which  certificate  shall  be  dehvered  to  the  undertaker,  who 
may  conduct  the  funeral  of  such  deceased. 

Sec.  3.  No  undertaker  or  other  person  shall  bury  the  body 
of  any  person  dying  in  this  city,  without  first  enquiring  for 
the  certificate  of  the  physician  as  aforesaid  ;  and  if  no  such 
certificate  can  be  procured,  the  undertaker  or  person  direct- 
ing the  funeral  shall,  within  three  days  after  such  funeral,  re- 
port the  want  of  the  certificate  to  the  city  clerk ;  and  the  un- 
dertakers shall,  with  their  monthly  returns,  deliver  the  physi- 
cians' certificates  to  the  city  clerk. 

Sec.  4.  Every  physician  omitting  or  neglecting  to  leave 
such  certificate  as  aforesaid  shall  forfeit  and  pay  the  sum  of 
five  dollars  for  each  offence,  to  be  recovered  for  the  use  of 
the  city  by  proper  legal  process  before  any  court  of  compe- 
tent jurisdiction. 

Sec.  5.  Every  undertaker  shall  make  return  to  the  clerk 
of  the  board  of  health,  between  the  hours  of  nine  o'clock,  A. 
M.  and  two  o'clock,  P.  M.  of  the  first  Wednesday  of  each 
month,  of  all  interments  made  and  funerals  conducted  by 
him  during  the  preceding  month,  in  form  a^  follows,  to  wit : 


110 


INTERMENT  OF  THE  DEAD. 


An  accurate  list  of  all  interments  made  by  me,  between  the 
first  day  of  18       ,  and  the  last  day  of  the  same 

month  inclusive. 


NAME. 


REMARKS. 


UNDERTAKER. 


Sec.  6.  All  funerals  shall  take  place  between  sunrise  and 
sunset,  unless  otherwise  permitted  or  directed  by  the  board  of 
health.  The  top  of  every  coffin  deposited  in  the  ground  shall 
be  at  least  three  feet  below  the  usual  surface  thereof 

Sec.  7.  The  clerk  of  the  board  of  health  shall  prepare  an 
abstract  of  all  the  returns  made  to  him,  and  report  the  same 
to  the  board  of  health,  on  the  Monday  next  succeeding  the 
first  Wednesday  of  each  month.  The  board  of  health  shall 
cause  a  monthly  abstract  of  all  such  returns  to  be  published 
in  all  the  newspapers  which  contract  to  do  the  city  printing, 
and  shall  also  prepare  and  publish  in  all  the  said  newspapers, 
in  the  second  week  in  January,  in  each  year,  an  abstract  of 
all  the  returns  made  to  them  to  the  close  of  the  preceding 
year. 

Sec.  8.  Every  undertaker  who  shall  violate  any  of  the  pro- 
visions of  the  preceding  section  of  this  ordinance  shall  forfeit 
and  pay  the  sum  of  ten  dollars  for  each  offence,  to  and  for 
the  use  of  the  city,  to  be  recovered  by  proper  legal  process 
before  any  court  of  competent  jurisdiction. 

Sec.  9.  Any  person  other  than  such  an  undertaker,  who 
shall  manage  and  conduct  a  funeral,  or  inter  or  remove  from 
the  city  a  dead  body,  shall  first  obtain  permission  in  writing  from 
the  board  of  health,  or  in  their  recess  from  the  clerk  or  one  of 
the  members  of  said  board,  to  do  the  same  ;  and  after  said  in- 
terment or  removal  is  made,  shall  make  return  as  is  directed 
to  be  made  by  undertakers  in  the  fifth  section  of  this  ordi- 


NORTH  BURIAL  GROUND. 


Ill 


nance  ;  and  lor  every  neglect  or  refusal  to  obtain  such  per- 
mission, or  to  make  such  return,  shall  forfeit  and  pay  the  sum 
of  ten  dollars  to  and  for  the  use  of  the  city,  to  be  recovered 
by  proper  legal  process  before  the  proper  court  to  try  the 
same. 

Sec.  10.  All  permissions  given  pursuant  to  the  provisions 
of  the  ninth  section  of  this  ordinance  shall  be  free  of  charge. 

Sec.  11.  All  returns  made  by  an  undertaker  or  other  per- 
son shall  be  recorded  by  the  clerk  of  the  board  of  health,  in  a 
book  to  be  kept  expressly  for  that  purpose. 

Sec.  12.  No  undertaker  or  other  person  shall  hereafter 
bury  or  cause  to  be  buried  the  body  of  any  deceased  person, 
except  in  such  grounds  as  are  now  known  and  used  as  bury- 
ing-grounds,  or  such  as  shall  hereafter  be  by  the  city  council 
designated  as  burying  grounds,  and  authorized  to  be  used  as 
such  ;  and  every  person  so  offending  shall  forfeit  and  pay  for 
every  offence  the  sum  of  forty  dollars,  to  and  for  the  use  of 
the  city,  to  be  sued  for  and  recovered  in  an  action  of  debt,  in 
the  name  of  the  city  treasurer,  before  any  court  of  competent 
jurisdiction. 


An  Ordinance  in  relation  to  the  north  burial  ground. 


Section 
1.  No  vaults  or  enclosures  without   per- 
mission of  city  council. 


Section 

2.  Penalty. 

3.  Overseer — duties  of. 


Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  no  person  shall  erect  or  build  any  vault 
within  the  limits  of  the  city  burial  ground,  nor  enclose  any 
part  or  portion  thereof,  without  leave  first  had  and  obtained 
from  the  city  council. 

Section  2.  That  any  person  who  shall  violate  any  pro- 
vision of  this  ordinance  shall  forfeit  and  pay  a  sum  not  less 
than  ten  dollars,  nor  more  than  fifty  dollars,  to  and  for  the 
use  of  the  city,  to  be  recovered  by  proper  legal  process  be- 
fore any  court  of  competent  jurisdiction. 

Sec.  3.  That  the  overseer  of  said  burial  ground  shall 
keep  the  fences  around  the  same  in  proper  repair,  and  the 
gates  thereof  locked ;  and  he  shall  report  to  the  mayor  every 
violation  of  this  ordinance,  as  soon  as  may  be,  that  the  same 
may  be  prosecuted. 


llg 


PUBLIC  WATCH. 


An  Ordinance  providing  for  the  establishment  of  a  public 

watch. 


Section 

4.  Other  instructions — mayor  may   sus- 
pend watchmen  from  duty. 

5.  Compensation  of  watchmen. 


Section 

'  1 .   Board  of  aldermen  may  appoint  watch- 
men. 

2.  Duties  of  watchmen. 

3.  Persons   arrested  may  be  discharged 
in  certain  cases. 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz: 

Section  1.  The  board  of  aldermen  are  hereby  authorized, 
from  time  to  time,  to  appoint  a  public  watch,  to  consist  of  so 
many  persons  as  they  may  deem  expedient,  not  exceeding 
thirty,  removable  at  the  pleasure  of  said  board. 

Sec.  2.  It  shall  be  the  duty  of  said  watch  to  patrol  the 
streets  during  the  night ;  to  preserve  the  peace  therein ;  to 
give  immediate  alarm  in  case  of  fire  ;  and  they  shall  have  au- 
thority to  arrest  every  person  offending  during  the  night  against 
any  ordinance  of  the  city,  or  law  of  the  state,  or  who  may 
be  intoxicated  in  any  public  street ;  and  to  prevent  any  crowd 
from  collecting  so  as  to  obstruct  the  convenient  passage  of 
peaceable  persons  through  any  part  of  any  street  or  over  any 
public  bridge. 

Sec  3.  Any  person  arrested  by  said  watch  may  be  dis- 
charged upon  giving  his  name,  place  of  abode,  and  business, 
if  there  be  no  circumstances  in  the  opinion  of  the  captain  of 
said  watch  requiring  his  detention ;  and  it  shall  be  the  duty  of 
said  watch  to  report  each  morning  to  the  city  marshal  the 
names  of  all  persons  in  custody,  and  of  all  persons  detected 
in  violating  any  ordinance  of  the  city,  or  law  of  the  state. 

Sec  4.  The  watch  shall  in  all  cases  not  otherwise  provi- 
ded for  be  governed  by  such  instructions  and  directions  as 
may  from  time  to  time  be  given  by  the  mayor  or  the  board  of 
aldermen ;  and  the  mayor  shall  be  authorized  to  suspend  from 
duty,  for  cause,  any  member  of  said  watch,  until  such  time 
as  his  case  may  be  decided  upon  by  the  board  of  aldermen. 

Sec  5.  The  members  of  said  watch  shall  receive  such 
compensation  as  the  board  of  aldermen  shall  direct. 


An  Ordinance  to  prevent  revelling  and  other  disturbances  in  the 

public  streets. 

No  person  to  behave  in  a  disorderly  manner,  &c. — penalty. 

Section  1 .     Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  each  and  every  person  who  shall  revel, 


GUNS  AND  PISTOLS— PLACES  OF  TRADE,  &c.       ^  ^^ 

commit  any  mischief,  quarrel,  or  otherwise  behave  in  a  disor- 
derly manner,  in  any  of  the  public  streets,  gangways,  alleys 
or  lanes  in  said  city,  or  any  of  the  public  wharves  or  public 
lands  in  said  city,  to  the  disturbance  or  annoyance  of  the 
peaceable  inhabitants  thereof,  or  any  portion  of  them,  or  shall 
aid,  assist,  encourage  or  promote  the  same  to  be  done  by  any 
other  person  or  persons,  shall  forfeit  and  pay  to  the  use  of 
the  city  a  sum  not  exceeding  twenty  dollars,  nor  less  than 
one  dollar,  to  be  recovered  by  proper  legal  process  before 
any  court  of  competent  jurisdiction. 


An  Ordinance  to  prevent  the  firing  of  guns  and  pistols  in  the 
streets  and  other  public  places. 


Section 

Section 

I,   No   guns,  &c.,   to   be   fired    in   any 

2.    Penalty 

street,  &c. 

Section  1 .  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  no  person  shall  fire  any  gun  or  pistol,  in 
any  street  or  lane,  or  on  any  public  wharf  or  public  lands, 
within  said  city,  after  sunrise  and  before  sunset. 

Sec.  2.  That  every  person  who  shall  violate  any  provi- 
sion of  this  ordinance  shall  forfeit  and  pay  the  sum  of  two  dol- 
lars, to  and  for  the  use  of  the  city,  to  be  sued  for  and  recov- 
ered by  proper  legal  process  before  any  court  of  competent 
jurisdiction. 


An  Ordinance  to  prohibit  the  opening  of  places  of  trade  or  en- 
tertainment on  Sundays  or  late  at  night. 

Section  j  Section 

1.    No  shop,  &c.,  to  be  opened  after  11      2.  Penalty, 
o'clock,  P.  M.,  nor  on  Sunday.  | 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
fellows,  viz: 

Section  1.  No  shop,  store,  or  other  place  of  trade  or  en- 
tertainment in  this  city,  excepting  licensed  taverns,  shall  here- 
after be  kept  open  after  eleven  o'clock  in  the  evening,  nor  be 
opened  before  dayHght  in  the  morning ;  nor  shall  any  such 
shop,  store,  or  place  of  trade  or  entertainment,  be  opened  on 
Sunday,  nor  any  article  sold  therein  on  that  day :  provided 
15 


114 


RINGING  OF  BELLS.— NUISANCES. 


that  druggists  may  open  their  shops  at  any  time  for  the  pur- 
pose of  selling  medicines  for  the  use  of  the  sick. 

Sec.  2.  Every  keeper  of  any  shop,  store,  or  place  of  trade 
or  entertainment,  which  shall  be  opened,  or  in  which  any  ar- 
ticle shall  be  sold,  and  every  person  opening  any  shop,  store, 
or  place  of  trade  or  entertainment,  or  selling  any  article,  con- 
trary to  the  provisions  of  this  ordinance,  shall  forfeit  and  pay 
a  fine  of  not  less  than  five  dollars,  nor  more  than  twenty  dol- 
lars, to  be  recovered  by  proper  legal  process  before  any  court 
of  competent  jurisdiction. 


An  Ordinance  to  prevent  the  ringing  of  bells  between  mnset  and 
one  hour  after  sunrise. 


Section 
1.    Bells  not  to  be  rung,  except,  &c. 


Section 
2.    Penalty. 


Section  1 .  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  no  person  shall,  between  sunset  and  one 
hour  after  sunrise,  ring  or  cause  to  be  rung,  the  bell  of  any 
house  of  public  worship  in  said  city  for  any  purpose  whatev- 
er, except  on  the  alarm  of  fire,  and  except  the  ringing  of  the 
bell  of  the  first  Baptist  meeting  house,  for  nine  o'clock  in  the 
evening,  and  for  sunrise  :  provided,  however,  that  nothing 
herein  contained  shall  be  construed  to  prevent  the  tolhng,  at 
a  moderate  rate,  of  any  such  bell,  for  lecture,  or  any  other 
lawful  meeting,  between  the  times  herein  before  mentioned. 

Sec.  2.  That  every  person  who  shall  oflfend  against  this 
ordinance  shall  forfeit  and  pay  a  sum  not  less  than  ten  dol- 
lars, nor  more  than  one  hundred  dollars,  to  and  for  the  use 
of  said  city,  to  be  recovered  in  an  action  of  the  case,  in  the 
name  of  the  city  treasurer,  before  the  proper  court  to  try  the 
same. 


An  Ordinance  in  relation  to  nuisances. 


Section 

1.  Committee  on  nuisances — duties  of. 

2.  Nuisances   which  can  be  abated   for 


Section 

ten   dollars — proceedings — penalty. 
2.   Other  nuisances — proceedings. 


It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz  : 

Section  1.  It  shall  be  the  duty  of  the  committee  on  nui- 
sances, and  of  every  member  thereof,  to  examine  into  the 
state  and  condition  of  every  place  and  part  of  the  city  where 


NUISANCES. 


tiS 


he  shall  suspect  or  be  informed  that  there  exists  any  matter  or 
thing  which  is  or  may  be  prejudicial  to  the  health  of  the  in- 
habitants thereof. 

Sec.  2.  Whenever  it  shall  appear  to  the  satisfaction  of 
either  of  the  members  of  the  committee  on  nuisances,  or  of 
the  city  marshal,  that  there  exists  upon  any  premises  owned  or 
occupied  by  any  person,  any  dirt,  offal,  or  animal  or  vegeta- 
ble matter,  or  the  contents  of  any  hog  pen,  privy,  drain  or 
vault,  calculated  to  injure  health,  or  by  noxious  air  to  annoy 
the  neighborhood,  and  that  such  nuisance  or  annoyance  may 
be  abated  at  an  expense  not  exceeding  ten  dollars,  it  shall  be 
the  duty  of  such  member  or  members  of  said  committee,  or 
city  marshal,  to  cause  the  owner  or  occupant  of  such  premi- 
ses to  be  notified  in  writing  of  the  existence  of  such  nuisance 
or  annoyance,  and  directed  forthwith  to  abate  the  same  ;  and 
if  such  nuisance  or  annoyance  shall  not  be  abated  within 
twenty-four  hours  after  such  notice,  the  owner  or  occupant 
of  such  premises  shall  forfeit  and  pay  a  fine  of  ten  dollars  ; 
and  the  officer  giving  such  notice  shall  be  authorized  to  cause 
such  nuisance  or  annoyance  to  be  abated,  and  the  city  trea- 
surer shall  pay  the  expense  thereof ;  for  which,  together  with 
the  penalty  aforesaid,  the  said  owner  or  occupant  shall  be  liable, 
and  the  same  shall  be  collected  for  the  use  of  said  city,  by 
proper  legal  process  before  any  court  of  competent  jurisdic- 
tion. 

Sec.  3.  Whenever  it  shall  appear  to  the  satisfaction  of 
either  of  the  members  of  the  committee  on  nuisances  that 
there  exists  upon  premises  owned  or  occupied  by  any  person, 
any  matter  or  thing  injurious  to  the  health  of  the  inhabitants 
of  any  part  of  the  city,  or  which  in  their  judgment  may  origin- 
ate or  conduce  to  the  spreading  of  any  infectious  or  conta- 
gious disease,  and  that  the  expense  of  abating  such  nuisance 
or  danger  to  health  shall  be  estimated  at  more  than  ten  dol- 
lars, it  shall  be  the  duty  of  said  committee,  or  any  of  them, 
to  report  the  same  in  writing  to  the  mayor,  setting  forth  the 
particulars  of  such  nuisance  as  nearly  as  may  be  ;  and  the 
mayor  shall,  upon  receiving  such  report,  notify  the  owner  or 
occupant  of  the  premises  upon  which  such  nuisance  exists,  or 
the  persons  who  may  h'dve  etected,  continued  or  permitted 
such  nuisance,  to  appear  before  the  board  of  aldermen  at 
such  time  as  the  mayor  shall  appoint,  to  shew  cause  why  such 
proceedings  as  are  by  law  authorized  should  not  be  had  to 
abate  such  nuisance. 


1 16  DEAD  BODIES  OF  ANIMALS. 


An  Ordinance  in  relation  to  the  burial  of  the  dead   bodies  of 

animals. 

Section  i  Section 

1.   Bodies  of  animals  to  be  buried  more     2.   Penalty, 
than  three  feet  deep.  ] 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz: 

Section  1.  No  person  shall  bury  or  cause  to  be  buried 
the  body  of  any  horse,  ass,  mule,  ox,  cow,  bull,  hog,  or  other 
large  animal,  within  the  limits  of  this  city,  unless  in  such  man- 
ner that  every  part  or  portion  of  such  body  shall  be  at  least 
three  feet  below  the  natural  surface  of  the  ground  where  such 
body  is  buried. 

Sec.  2.  Every  person  violating  the  provisions  of  the  pre- 
ceding section  shall  forfeit  and  pay  a  fine  of  not  less  than  five 
nor  more  than  twenty  dollars,  to  be  recovered  to  and  for  the 
use  of  the  city  before  any  court  of  competent  jurisdiction,  by 
such  process  as  the  law  directs. 


An  Ordinance  to  prohibit  the  depositing  animal  or  vegetable 
substances  in  certain  waters  of  the  city. 


Section 
1.    No   person   shall   throw   into  public 
waters  any  animal  substance. 


Section 
2.   Penalty. 


Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  no  person  shall  throw,  cast  or  deposit, 
or  cause  to  be  thrown,  cast  or  deposited,  into  or  upon  the 
margin  of  any  pond,  river,  cove,  canal  basin  or  dock,  in  the 
city,  any  animal  or  vegetable  matter  or  substance  whatever. 

Sec  2.  That  every  person  so  offending  shall  forfeit  and 
pay  a  sum  not  exceeding  fifty  dollars,  nor  less  than  one  dol- 
lar, to  and  for  the  use  of  the  city,  to  be  recovered  by  proper 
legal  process  before  any  court  of  competent  jurisdiction. 


PRIVY  VAULTS— BATHING.  117 


An  Ordinance  relative  to  the  removal  of  the  contents  of  privy 

vaults. 


Section 

3.  Not  to  stop  in  streets. 

4.  Penalties. 


Section 

1.  No  removal  to  be  made  before  10,  P. 
M.,  between  April  and  November. 

2.  Vehicles  to  be  covered,  &c. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  no  person  or  persons  shall,  between  the 
first  day  of  May  and  the  first  day  of  November,  in  any  year, 
carry  into  or  through  any  pubhc  street  of  said  city,  any  part 
of  the  contents  of  a  privy  vault,  in  any  cart,  wagon  or  other 
vehicle  whatever,  except  between  the  hours  of  ten  o'clock, 
P.  M.  and  sunrise. 

Sec.  2.  That  no  person  or  persons  shall  at  any  time  what- 
soever carry  into  or  through  any  pubhc  street  of  said  city, 
any  part  of  the  contents  of  a  privy  vault,  in  any  cart,  wagon 
or  other  vehicle,  which  shall  not  be  effectually  covered  and 
water-tight. 

Sec.  3.  That  no  such  cart,  wagon  or  other  vehicle  what- 
ever, having  therein  any  part  of  the  contents  of  a  privy  vault, 
shall  be  permitted  to  stand  (except  while  loading)  in  any  pub- 
lic street  of  said  city. 

Sec  4.  That  in  case  of  violation  of  any  of  the  provisions 
in  the  first  or  second  sections  mentioned,  the  owner  or  own- 
ers, driver  or  drivers,  of  any  such  cart,  wagon  or  other  vehicle, 
shall  forfeit  and  pay  the  sum  of  five  dollars  ;  and  for  any  vio- 
lation of  the  third  section  hereof,  such  owner  or  owners,  dri- 
ver or  drivers,  shall  forfeit  and  pay  the  sum  of  two  dollars  ; 
which  penalties  shall  be  recovered  to  and  for  the  use  of  the 
city,  by  proper  legal  process  before  any  court  of  competent 
jurisdiction. 


An  Ordinance  to  prohibit  bathing  in  certain  places. 

Section  |  Section 

1.  No  person  to  bathe  within  certain  lim-  I    2,  Penalty, 
its  in  day  time.  '  | 

It  is  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz : 

Section  1.  No  person  shall,  for  the  purpose  of  swimming 
or  bathing,  go  into  any  of  the  waters  of  the  harbor,  cove,  riv- 
ers, or  Blackstone  canal,  between  the  time  of  sunrising  and 
one  hour  after  sunset,  within  the  following  limits,  viz. :  Be- 
ginning at  a  point  on  said  canal  twenty  rods  above  the  guard 


tl8 


LAMP  POSTS,  FENCES,  &c. 


gate,  near  the  print  works  of  Philip  Allen  &  Son,  and  at  a 
point  on  the  Moshassuck  river  twenty  rods  above  the  mills  for- 
merly owned  by  the  United  Manufacturing  Company,  and  ex- 
tending on  the  east  side  of  said  waters  to  the  railroad  bridge, 
and  on  the  north  side  of  said  waters  to  the  northwesterly  cor- 
ner of  the  state  prison  lot ;  and  extending  on  the  west  side  of 
said  waters  from  Carpenter's  Point  to  the  city  hospital  lot ; 
nor  into  the  Wonasquatucket  river  between  the  bridge  on  the 
Wonasquatucket  turnpike  and  the  line  of  the  town  of  John- 
ston. 

Sec.  2.  Every  person  offending  against  the  provisions  of 
this  ordinance  shall  forfeit  and  pay  the  sum  of  two  dollars,  to 
be  recovered  for  the  use  of  the  city  by  proper  legal  process, 
before  any  court  of  competent  jurisdiction. 


Section 

2.  No  person  shall  paint  or  deface  any  lamp 
post,  house,  &c. — penalty. 


An   Ordinance   to  prevent  injury  to  lamp  posts,  fences  and 

buildings. 

Section 

1 .  No  person  shall  injure  lamp  posts,  fences 
&c. — penalty. 

Be  it  ordained  by  the  city  council  of  the  city  of  Providence,  as 
follows,  viz  : 

Section  1 .  If  any  person  shall  maliciously,  wantonly  or 
carelessly  break,  throw  down,  extinguish  or  otherwise  injure 
any  lamp  or  lantern,  erected  for  the  purpose  of  hghting  any 
street,  highway,  bridge,  wharf  or  public  place  in  this  city, 
whether  the  same  shall  have  been  erected  by  the  city  or  any 
other  corporation,  or  by  private  individuals,  such  person  so  of- 
fending shall,  upon  conviction  before  any  court  of  competent 
jurisdiction,  forfeit  and  pay  the  sum  of  not  less  than  five  nor 
more  than  twenty  dollars,  to  and  for  the  use  of  the  city. 

Sec.  2.  If  any  person  shall  maliciously,  wantonly  or  care- 
lessly daub  with  paint,  cut,  break  or  otherwise  injure,  or  by 
scratching  or  writing  with  paint,  blacking,  red  chalk,  or  in 
any  other  way  or  manner  deface  any  post,  lamp  post,  fence, 
tree  box,  house  or  other  building,  situate  in  or  upon  any 
street,  highway,  bridge,  wharf  or  public  place  in  this  city ;  or 
any  ornament  or  appurtenance  of  such  post,  lamp  post,  fence, 
tree  box,  house  or  other  building,  such  person  so  offending 
shall,  upon  conviction  before  any  court  of  competent  jurisdic- 
tion, forfeit  and  pay  the  sum  of  not  less  than  five,  nor  more 
than  twenty  dollars,  to  and  for  the  use  of  the  city. 


PUMPS  AND  WELLS.-DOGS. 


ud 


An  Ordinance  in  relation  to  the  city  pumps  and  wells. 


Section  I  Section 

1.   No  clothes  to  be  washed  at  pumps.       |    2.   Penalty. 

Section  1.  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence^  that  no  person  shall  wash  any  clothes,  cloth- 
ing, utensil  or  other  article  or  thing  whatever,  in  any  wa- 
tering-trough attached  to  any  city  pump  or  well ;  nor  in  any 
way  or  manner  render  the  water  in  such  trough  or  well  unfit 
for  use ;  nor  injure  any  such  pump  or  well  or  the  appurte- 
nances thereof;  nor  waste  the  water  issuing  therefrom. 

Sec.  2.  That  every  person  offending  against  the  pro- 
visions of  this  ordinance,  or  any  part  thereof,  shall  forfeit  and 
pay  a  sum  not  exceeding  twenty  dollars,  nor  less  than  two 
dollars,  to  and  for  the  use  of  the  city,  to  be  recovered  by 
proper  legal  process  before  any  court  of  competent  juris- 
diction. 


An  Ordinance  in  relation  to  dogs. 

Section  I  Section 

1.  No  dog  to  go  at  large   between   May  |    3.   Dogs  killed  to  be  buried. 

and  November,  except  muzzled,  &c.      4.   Reward  for  killing  dogs.  ' 

2.  Penalty.  > 

Section  1 .  Be  it  ordained  by  the  city  council  of  the  city 
of  Providence,  that  no  person  shall  suffer  or  permit  any  dog 
belonging  to  or  kept  by  him  or  her,  or  which  shall  be  under 
his  or  her  care  or  control,  to  be  or  run  at  large  in  said  city, 
between  the  first  day  of  June  and  the  first  day  of  November 
in  each  and  every  year,  unless  such  dog  shall  have  securely 
put  on  a  strong  and  sufficient  muzzle  or  strap  over  its  jaws, 
so  as  effectually  to  prevent  such  dog  from  biting,  and  shall 
also  have  around  its  neck  a  collar  of  metal  or  leather  with  a 
metal  plate,  upon  which  metal  collar  or  plate  the  christian 
and  surname  of  the  owner  of  such  dog  shall  be  legibly,  plainly 
and  durably  stamped,  written  or  engraved. 

Sec.  2.  That  whosoever  shall  violate  any  provision  in  the 
preceding  section  contained  shall  forfeit  and  pay  the  sum  of 
five  dollars,  to  and  for  the  use  of  the  city,  to  be  recovered  by 
proper  legal  process  before  any  court  of  competent  jurisdiction. 

Sec  3.  That  every  dog  found  at  large,  in  violation  of  the 
first  section  hereof,  shall  be  immediately  killed,  and  his  body 
buried  at  least  three  feet  below  the  surface  of  the  ground, 
either  in  the  piece  of  ground  belonging  to  the  city,  situate 
north  of  and  adjoining  the  proprietors'  burial  ground  on  the 


120 


ANIMALS  GOING  AT  LARGE. 


west  side  of  the  river,  or  in  any  part  of  the  north  burial  ground, 
without  the  fence. 

Sec.  4.  That  any  person  who  shall  kill  any  full  grown  dog, 
being  or  running  at  large  in  violation  of  this  ordinance,  shall 
be  entitled  to  the  sum  of  one  dollar  for  each  and  every  dog 
so  killed  and  buried  in  pursuance  of  this  ordinance  ;  provided 
he  present  and  prove  his  claim  therefor  before  the  board  of 
aldermen,  on  the  Monday  next  following  the  time  said  claim 
shall  have  accrued. 


An  Ordinance  to  prevent  the  going  at  large  of  certain  animals. 


Section 

1.  No  cattle,  &c.,  except  cows,  to  go  at 
large. 

2.  Cows  going  at  large  to  wear  collars. 


Section 

3.  Penalties. 

4.  Swine  found  at  large  to  be  forfeited. 


It  is  ordained  by  the  city  council  of  the  city  of  Providenece,  as 
follows,  viz  : 

Section  1.  From  and  after  the  first  day  of  May  next,  it 
shall  not  be  lawful  for  any  horses,  sheep,  hogs,  goats  or  cattle 
of  any  kind  excepting  cows,  to  go  at  large  within  the  limits 
of  said  city. 

Sec.  2.  From  and  after  the  day  aforesaid,  it  shall  not  be 
lawful  for  any  cow  to  go  at  large  within  the  limits  of  said  city, 
unless  said  cow  shall  have  around  her  neck  a  substantial  leath- 
er or  metal  collar,  with  the  name  of  her  owner  distinctly 
stamped,  printed  or  engraved  thereon. 

Sec.  3.  Every  owner  of  any  animal  found  at  large  con- 
trary to  the  provisions  of  this  ordinance  shall  forfeit  and  pay 
a  fine  of  not  less  than  one  dollar,  nor  more  than  twenty  dol- 
lars, to  be  recovered  for  the  use  of  the  city  by  proper  legal 
process  before  any  court  of  competent  jurisdiction. 

Sec.  4.  All  swine  found  running  at  large  within  the  Hm- 
its  of  this  city  are  hereby  declared  to  be  forfeited  ;  and  it 
shall  be  lawful  for  any  citizen  who  is  entitled  to  vote  for  gene- 
ral officers  in  this  state,  to  seize  or  cause  to  be  seized  any 
swine  found  running  at  large  within  the  hmits  of  the  city,  and 
the  same  to  convert  to  his  own  use,  or  to  deliver  to  the  keep- 
er of  the  Dexter  Asylum  for  the  use  of  the  poor  persons  in 
that  institution. 


BOWLING  ALLEYS.  121 

Resolution  defining  limits  of  that  part  of  the  city  in  which 
howling  alleys  may  not  be  kept. 

Whereas,  by  the  provisions  of  the  act  to  regulate  bowHng 
alleys,  it  is  forbidden  to  keep  any  bowling  alleys  in  the  com- 
pact part  of  any  town  or  city  ;  and  it  is  also  required  that  the 
city  council  define  the  hmits  of  the  compact  part  of  this  city, 
therefore, 

Resolved^  That  the  compact  part  of  this  city  is  hereby  de- 
clared to  be  all  that  part  included  within  Hues  drawn  as  fol- 
lows, viz  :  Beginning  at  the  north-westerly  corner  of  the  state 
prison  yard,  and  running  in  a  straight  course  to  the  junction 
of  Smith  and  Davis-streets,  thence  through  Davis-street  to 
Orms-street,  thence  through  Orms-street  to  Charles-street, 
thence  through  Charles-street  to  Randall-street,  thence  through 
Randall-street  to  a  point  four  hundred  feet  westerly  from 
North  Main-street,  thence  northerly,  holding  that  distance 
from  North  Main-street,  to  Thurber's  lane,  thence  through 
said  lane  and  across  North  Main-street  to  a  point  four  hun- 
dred feet  easterly  from  North  Main-street,  thence  in  a  straight 
line  to  the  junction  of  Olney  and  Prospect-streets,  thence 
through  Prospect  street  to  Angell-street,  thence  through  An- 
gell-street  to  Hope-street,  thence  through  Hope-street  to  a 
point  two  hundred  feet  southerly  from  Wickenden-street, 
thence  westerly  parallel  to  Wickenden-street  and  continuing 
in  the  same  direction  to  the  river,  thence  across  the  river  to 
the  foot  of  Point-street,  thence  through  Point-street  to  Plane- 
street,  thence  following  the  fences  around  the  burying  grounds 
to  the  northwest  corner  of  the  Benevolent  Society's  burying 
ground,  thence  in  a  straight  line  to  the  junction  of  Pawtuxet 
and  Pearl-streets,  thence  through  Pearl-street  to  Cranston- 
street,  to  the  easterly  line  of  the  Dexter  farm,  and  following 
said  Une  to  High-street,  thence  through  High-street  to  Love- 
lane,  thence  through  Love-lane  to  Carpenter-street,  thence 
through  Carpenter-street  to  Dean-street,  thence  through 
Dean-street  to  its  junction  with  AtwelPs  Avenue,  and  thence 
in  a  straight  line  to  the  first  named  bound,  viz.,  the  north-west 
corner  of  the  state  prison  yard. 
16 


INDEX. 


A. 

Aldermen,  how  elected,  9 

to  be  sworn,  4 

salaries  of,  6 
Board  of  may  direct  a  new  election  of  mayor  and  aldermen 

in  case  of  vacancy,  9 

what  shall  constitute  a  quorum  of,  10 

may  choose  a  president  pro  tempore ^  10 
may  liberate  persons  committed  to  prison  by  their  order  in 

certain  cases,  19 

may  recommit  in  case,  &c.,                          ,  19 

may  appoint  special  constables,  21 
authorized  to  prevent  building  of  wharves,  streets,  &c.,  in 

case,  36 
to  regulate  the  erection  and  operating  steam  boilers,  44 
ordinance  establishing  the  seal  of,  75 
city  clerk  to  be  the  keeper  of  the  seal  of,  76 
to  provide  for  lighting  the  streets,  84 
acting  ex  ojficio  as  board  of  health,  (see  ordinance  establish- 
ing quarantine,)  104 
may  fix  term  of  quarantine,  108 
may  make  further  regulations  and  suspend  the  operation  of 

the  ordinance  respecting  quarantine,  108 
Animals — horses,  cattle,  sheep,  hogs,  goats  and  geese,  act  authori- 
zing the  city  to  restrain  same  from  going  at  large,  67 
swine  running  at  large  may  be  forfeited  for  the  use  of  the 

poor  of  the  city,  67 

dead  bodies  of,  to  be  buried  more  than  three  feet  deep,  116 

penalty  for  violating  said  ordinance,  116 

restrained  from  going  at  large,  120 

declared  forfeited,  120 

Animal  substances  not  to  be  deposited  in  certain  waters  of  the  city,  116 

Audit — ordinance  designating  the  duties  of  the  city  audit,  78 

Awnings  over  side-walks  how  to  be  placed,  87 

B. 

Bathing,  ordinance  to  prohibit  in  certain  places,  117 

penalty  for  violation,  118 

Beef  and  Pork,  act  authorizing  the  city  of  Providence  to  elect  an 

inspector  of,  65 

inspector,  his  rights  and  fees,  65 

to  give  bond  and  be  sworn,  65 


124 


INDEX. 


Bells,  ordinance  to  prevent  the  ringing  of  between  sunset  and  one 

hour  after  sunrise,  114 
Boilers,  steam,  not  to  be  erected  unless  by  permission  of  board  of 

aldermen,  44 

penalty  for  violation,  44 

additional  penalty  for  operating  same,  without  permission,  '45 

Bonfire  not  to  be  made  in  public  street,  68 

Bowling  Alleys,  limits  of  the  city  defined  in  which  they  may  not 

be  kept,  121 

Bridges,  public,  ordinance  prescribing  duties  of  overseer  of,  80 

Bridge,  Weybosset,  vessels  not  to  lie  fastened  to,  33 

Buildings,  act  concerning  the  erection  of,  41 

height  which  the  same  may  be  built  within  certain  limits,  41 

partition  between  double  houses  how  to  be  built,  42 

not  to  be  removed  without  permission  of  city  council,  42 

limits  defined  in  which  restrictions  in  relation  to  building 

operates,  42 

Burial  Ground,  north,  ordinance  relative  to.  111 
vaults  not  to  be  built  within,  nor  enclosures  made,  except  by 

leave  of  the  city  council,  1 1 1 

penalty  for  violation,  111 

duties  of  the  overseer  of,  111 


Carriages,  act  authorizing  the  town  council  of  the  town  of  Provi- 
dence to  prevent  the  passing  of,  through  the  streets  adja- 
cent to  the  houses  of  public  worship,  on  Sundays,  during 

the  time  of  divine  service,  32 
Chimneys,  &c.,  committee  to  superintend  the  building  of,  may 

order  alterations,  &c.  of,  in  case,  &c.,  89 

penalty  for  not  complying  with  such  order,  90 

City  Audit,  ordinance  designating  the  duties  of,  78 

City  Charter,  3 

City  Clerk,  how  chosen,                                                        .  10 

general  duties  of,  10 

to  be  ex  officio  clerk  of  town  meetings  in  relation  to  Dexter 

donation,  &c.  4 
to  notify  town  meetings  in  relation  to  Dexter  donation,  &c.  76 
to  publish  notifications  of  ward  meetings  for  elections,  77 
ordinance  prescribing  the  duties  of,  in  certrin  cases,  78 
City  Council,  general  powers  and  duties  of,  *'  5 
to  have  custody  of  city  property,  6 
may  sell,  let,  or  purchase  property  in  the  name  of  the  city,  6 
to  publish  statement  of  receipts  and  expenditures  and  sched- 
ule of  city  property,  6 
members  of  to  be  inelegible  to  any  office  of  profit,  in  the  gift 

of  the  city  council,  6 

may  remove  officers  for  misconduct,  6 
to  have  power  to  appoint  a  keeper  of  the  house  of  correction 

and  other  officers,  15 

to  make  regulations  for  the  house  of  correction,  15 
to  make  annnal  appointments  of  certain  officers,  in  addition 
to  those  specially  designated  and  required  to  be  appointed 

by  the  city  charter,  74 


INDEX.  ^^^ 

City  Council  to  appoint  undertakers,  109 
authorized  to  extend  limits  within  which  certain  buildings 

may  be  erected,  45 

to  appoint  firemen,  55 

to  appoint  a  court  of  magistrates,  21 

City  Marshal  to  cause   bells  to  be  rung  for  ward   meetings  for 

elections,  77 
to  cause  bells  to  be  rung  for  town  meetings  in  relation  to 

Dexter  donation,  &,c.,  77 

ordinance  prescribing  the  duties  of,  79 

City  Sergeant,  ordinance  prescribing  the  duties  of  in  certain  cases,  78 

City  Seal,  ordinance  establishing  the,  75 

city  clerk  to  be  keeper  of  the,  76 

City  Officers,  elected  by  the  city  council  to  be  chosen  in  conven- 
tion, 5 
fees  and  duties  of,  to  be  defined  by  the   city  council,   when 

not  defined  by  law,  6 

may  be  removed  by  city  council  for  misconduct,  6 

City  Pumps  and  Wells,  ordinance  relative  to,  119 

clothes,  &c.,  not  to  be  washed  in  troughs  attached  to,  119 

penalty  for  violation  of  the  ordinance,  119 

City  Debt,  ordinance  in  relation  to  the,  99 

committee  for  its  reduction  to  be  annually  appointed,  99 

treasurer  authorized  to  issue  notes  in  certain  cases,  99 

treasurer  to  make  quarterly  reports  of  issues- and  payments,  99 

register  of  city  debt  to  be  kept,  and  recorded  by  city  clerk,  99 

voters  paying  a  property  tax  have  a  right  to  inspect  the  same,  99 

fund  for  extinguishing  debt,  99 

Clerk  of  the  Market,  duties  of  92,  93,  94,  95 

to  complain  to  city  marshal  for  violations  of  city  ordinances 

in  the  market  place,  95 

Constables,  special,  may  be  appointed  by  mayor  or  board  of  aldermen,  20 

powers  of,  21 

Commissioners,  street,  (see  "  Ordinance   establishing  street  com- 
missioners," 80 

Common  Council,  members  of  how  to  be  elected,                                '  12 

to  be  sworn,  4 

to  receive  no  compensation,  6 

officers  of  how  and  when  to  be  elected,  10 

what  shall  constitute  a  quorum,  10 

Correction,  house  of,  (see  "  house  of  correction,")  15 

Courts  established,  8 

seals  established,  75 

Court  of  Magistrates,  act  to  establish  a,  21 
to  consist  of  seven  justices,  21 
jurisdiction  of,  21 
powers  given  by  city  charter  and  house  of  correction  act  con- 
continued  to  be  exercised  as  formerly,  21 
proceedings  in  case  of  examination  of  persons  charged  with 

crime,  22 

persons  refusing,  dc-c,  22 

proceedings  in  criminal  cases,  22 

what  shall  constitute  a  quorum  of  said  conrt,  23 

to  elect  a  presiding  justice,  23 

to  establish  a  seal,  23 

when  to  meet,  23 


126  INDEX. 

Court  of  Magistrates,  appeals  from  how  to  be  made,  23 

clerk  to  be  elected,  his  duties,  23 

penalty  for  neglect  of  clerk,  24 

forms  of  writs,  proceedings  and  powers  of,  24 

fees  of,  25 

Cove,  no  person  to  build  any  wharf  in,  without  permission,  36 

penalty,  36 

Cows  allowed  to  go  at  large,  120 

to  wear  collars  around  neck,  with  owner's  name,  120 

penalty  for  violation,  120 

Cross  Walks,  ordinance  in  relation  to,  88 

no  vehicle  to  stand  on,  88 

D. 

Dexter  Donation,  town  meetings  to  be  holden  respecting,  4 
town  meetings  respecting,  how  to  be  notified,  76 
times  and  place  of  holding,  76 
who  entitled  to  vote  in  said  town  meetings,  14 
Disorderly  Persons,  who  shall  be  deemed  to  be,  18 
to  be  committed  to  prison,  18 
Dogs,  act  concerning,  66 
town  council  may  make  laws  in  relation  to,  66 
town  council  may  tax  owners  of,  67 
killing  sheep  or  cattle,  owners  of  dogs  to  be  liable  for  dam- 
ages, 67 
to  be  killed,  on  second  judgment  for  damages  against  the 

owner,  67 
not  to  run  at  large  between  the  first  of  June  and  the  first  of 

November,  except  muzzled,  &,c.,  119 

penalty  for  violation,  119 

at  large  in  violation  of  ordinance,  to  be  killed  and  buried,  119 

reward  for  killing  dogs,  120 

Dead,  an  ordinance  in  relation  to  the  interment  of  the,  109 

physicians  to  give  certificates  of  disease,  109 

undertakers  to  demand  certificate  before  interment,  109 

penalty  for  not  furnishing  certificate,  109 

monthly  return  of  interments  to  be  made,  109 

abstract  of  same  to  be  published,  110 

funerals  to  be  in  day  time,  110 

depth  of  the  graves  of  the,  110 

no  burials  except  in  grounds  designated,  111 
Drains,  in  what  manner  to  be  laid  through  private  or  public  lands 

or  streets,  39 

expense  of,  to  be  estimated  by  commissioners,  39 

how  to  be  paid,  39 

city  treasurer  to  sue  for,  in  case,  40 

estates  to  be  liable  for,                                                            _  40 
Drunkenness — persons  intoxicated  may  be  fined  or  imprisoned,  in 
certain, 

E. 


19 


Elections,  manner  of  notifying  ward  meetings  for,  77 

Electors  of  President  and  Vice-President  of  the  United  States, 

how  chosen,  *" 

Encroachments  on  streets  prohibited,  ^4,  85 

penalty  for  so  doing,  96 


INDEX.  127 

Engine  Houses,  &c.,  under  control  of  fire-wards,  88 

Engine  Companies,  members  of,  appointed  by  the  city  council,  55 

number  of,  55 

privileges  of,  56 


Fbrry  Boats,  act  concerning  in  the  harbor  of  Providence,  37 

mayor  and  aldermen  to  establish  ferries,  37 

mayor  and  aldermen  to  affix  penalties,  and  rates  of  ferriage,  37 

Fire,  act  providing  in  case  of  the  breaking  out  of,  in  Providence,  53 
owners  of  houses  pulled  down  or  blown  up  in  time  of,  to  be 

paid  therefor,  in  case,  &c.,  53 

stealing  in  time  of,  how  punished,  55 

ordinance  for  the  prevention  of,  89 
committee  to  superintend   building  of  chimneys,  &c.,  may 

order  the  removal  of  chimneys,  stoves,  &c.,  89 

penalty  for  not  complying  with  said  order,  90 
lighted  candles  and  lamps  not  to  be  carried  into  barns,  &;C., 

except,  &c.,  90 

how  to  be  carried  in  the  street,  90 

shavings,  &/C.,  to  be  burnt,  90 
minor  or  apprentice   violating  ordinance  for  prevention  of 

fires,  parent  or  master  to  be  liable,  91 

Fire  Companies  in  Providence,  act  empowering  to  inflict  penalties,  56 

Firemen,  privileges  of,  55 

in  the  village  of  Olneyville,  act  concerning,  56 

Firewards,  to  be  annually  chosen,  54 

general  powers  and  duties  of,  54 

penalty  for  disobeying  in  time  of  fire,  55 

to  see  that  law  respecting  gunpowder  is  complied  with,  49 

may  search  for  gunpowder  unlawfully  kept,  50 
may  order  gunpowder  to  be  removed  or  destroyed  in  time  of 

fire,  50 

authorized  to  purchase  new  engines  and  apparatus,  89 

authorized  to  cause  engines  and  apparatus  to  be  repaired,  89 
to  cause  reservoirs  to  be  built,   and  forcing   pumps  to  be 

placed,  89 

presidents  of,  to  be  annually  chosen,  53 
may  direct  houses,  &c.,  to  be  pulled  down  or  blown  up,  in 

time  of  fire,  53 

Fire-Arms,  act  relative  to  the  discharge  of,  68 

and  the  firing  and  selling  of  fire- works,  68 

forfeiture  for  making  bonfire  in  public  street,  &c.,  68 

loaded  with  shot,  &c.,  not  to  be  discharged  in  streets,  68 

not  to  be  discharged  within  certain  limits,  68 

forfeiture  for  firing  gun,  &,c.,  between  sunrise  and  sunset,  68 

Fireworks,  forfeiture  for  selling  fireworks  without  license,  or  using 

the  same,  69 

Freemen,  vi^ho  are  declared,  14 

Funerals  to  take  place  between  sunrise  and  sunset,  unless  other- 
wise permitted  or  directed  by  the  board  of  health,  110 

Fences,  penalty  for  defacing,  118 


G. 

Goats  not  allowed  to  go  at  large,  j20 

Grain,  Salt  and  Sea  Coal,  act  to  regulate  the  measuring  of,  57 

certain  towns  shall  elect  measurers,  other  towns  may,  57 

measurers  to  be  engaged,  57 

may  appoint  deputies,  57 

fees  of  measurers,  §7 

imported,  to  be  measured,  57 

sold,  to  be  measured,  in  case,  gjg 

penalty  for  selling  without  being  measured,  '^ 

penalty  on  measurers  for  refusal  or  neglect,  58 

sold  by  weight,  not  to  be  measured,  58 

Graves,  depth  of,  jjq 

Guns,  not  to  be  fired  loaded  with  bullet  or  shot,  across  any  road  or 

street,  68 

forfeiture  for  firing  muskets,  &c.,  in  Providence,  68 

forfeiture  for  firing  gun,  (fee,  between  sunset  and  sunrise,  69 
ordinance  to  prevent  the   firing  of,  &lc.,  in   the  streets  and 

other  public  places,  113 
Gunpowder,  act  regulating  the  storage,  safe  keeping  and  transpor- 
tation of,  in  the  town  of  Providence,  47 
not  to  be  kept,  in  quantities  exceeding  five  pounds,  ex- 
cept, &c.,  47 
not  to  be  sold  without  license,  48 
kept,  &/C.,  contrarjf  to  provisions  of  act,  may  be  libelled,  49 
process  against,  49 
penalty  for  rescuing,  when  seized,  4^ 
fireward  to  see  that  law  respecting  is  complied  with,  50 
may  be  removed  or  destroyed  by  firewards  in  time  of  fire,  50 
persons  injured  by  the  explosion  of,  when  unlawfully  kept, 
&/C.,  to  be  entitled  to  damages,  50 
vessels  with  gunpowder  on  board,  where  to  anchor,  50 
where  to  be  landed  from  vessels,  51 
how  to  be  secured  when  transported,  51 
how  to  be  transported,  61 
licenses  for  sale  of.  51 
how  to  be  kept  by  licensed  persons,  51 
persons  licensed  to  sell,  to  keep  up  signs,  52 
penalties  for  violation  of  act  respecting,  52 

H. 

^^AY  Market,  ordinance  in  relation  to  the,  95 

hay  to  stand  for  sale  in  the,  95 

city  scale  to  be  kept  in  repair,  95 

city  treasurer  to  appoint  weigher,  95 

Harbor  and  Public  Waters,  act  relative  to  the,  33 
town  of  Providence  authorized  to  prevent  encroachments  on 

the,  34 

bounds  of  the,  34 

not  to  be  obstructed,  34 

obstructions  of,  how  to  be  removed,  34 
penalty  for  violating  laws,  &c..  relative  to  encroachments  or 

obstructions  in,  and  for  the  preservation  of  the  channel,  34 

act  in  addition  to  said  act,  35 


INDEX. 


1^ 


Harbor  and  Public  Waters — no  person  to  fill  out  any  part  of  the 
waters  covered  by  ordinary  tides,  unless  permanent  wall  be 
built,  35 
penalty  for  so  doing,  35 
act  in  addition  to  said  act,  35 
no  person  to  build  any  wharf,  &c.,  in  cove,  without  permis- 
sion from  the  board  of  aldermen,  36 
board  of  aldermen  authorized  to  prevent  building  of  wharves, 

streets,  &c.,  in  cove,  36 

city  not  required  to  repair  streets,  until  declared  public,  37 

act  in  addition  to  said  act,  69 
the  city  council  may  authorize  railroad  depot  upon  public 

waters,  69 

private  property  protected,  70 
Harbor  Master,  act  to  authorize  the  town  council  of  the  town  of 

Providence  to  appoint  a,  37 

Health  Officer,  (see  ordinance  respecting  quarantine,)  103 

Highways,  act  for  laying  out,  26 
town  not  obliged  to  repair  them  until  specially  ordered  by  the 

town  council,  26 

certain  streets  declared  to  be  public  highways,  26 
act  concerning  the  establishment  of  highways  in  the  city  of 

Providence,  27 

may  be  laid  out  on  petition,  28 

plats  of  which  have  been  recorded,  may  be  established,  28 

may  be  laid  out  by  mayor  and  aldermen  in  certain  cases,  5J^ 

may  be  laid  out  on  petition  in  certain  cases,  28 
lands  used  as  a  highway  for  twenty  years,  may  be  declared 

public  highway,  29 

surveyor  of,  to  superintend  the  laying  or  altering  of  sidewalks,  30 

Hogs  and  Swine  prohibited  from  going  at  large,  120 

going  at  large,  declared  forfeited,  120 

Horses  prohibited  from  running  at  large,  120 

every  owner  to  be  fined,  120 

Hospital,  (see  ordinance  respecting  quarantine,)  103 

House  of  Correction — act  authorizing  the  city  of  Providence  to 

establish  a,  and  for  other  purposes,  15 

keeper  of,  to  be  elected  by  the  city  council,  15 

to  make  report  to  the  supreme  judicial  court,  at  every  term,  15 

other  officers  of,  15 

city  council  to  have  power  to  make  regulations,  16 

commitments  to  be  in  writing, — by  whom  to  be  executed,  16 

where  to  be  made,  17 
to  be  deemed  a  common  jail,  so  far  that  habeas  corpus  act  may 

apply  to  it,  16 

persons  committed  to  be  kept  at  hard  labor,  17 

vagrants  to  be  committed  to,  17 

disorderly  persons  to  be  committed  to,  18 

intoxicated  persons  to  be  committed,  19 

board  of  aldermen  may  discharge  from  and  recommit  to,  19 

act  in  amendment  of  said  act,  20 

mayor  and  aldermen  may  liberate  persons  committed  to,  20 

1. 

Inspector  of  Beep  and  Pork,  act  authorizing  the  city  of  Provi- 
dence to  elect  an,  65 

17 


130 


INDEX 


Inspector  of  Beep  and  Pork,  rights,  powers  and  fees  of,  65 

to  give  bond  and  be  sworn,  65 

Interments,  monthly  returns  of  to  be  made,  109 

J. 

Justices  of  the  Police  Court,  jurisdiction  of,  13 

proceedings  may  be  had  by  warrant  or  writ,  13 

L. 

Lamp  Posts,  no  person  shall  injure,  118 
penalty  for  so  doing,  118 
Licenses  to  sell  gunpowder,  how  granted,  48 
Lighting  Streets,  board  of  aldermen  to  provide  for,  84 
Lime,  act  regulating  the  storing  of  in  the  town  of  Providence,  46 
not  to  be  stored  below  the  highest  tide-water  mark,  47 
stored  contrary  to  the  provisions  of  act,  may  be  removed,  47 
expense  of  removal  of,  how  to  be  paid,  47 
owner  of  may  be  fined,  47 
fire,  happening  by  illegal  storing  of,  47 
occupant  of  building  to  be  fined,  47 
Low  Grounds,  covered  with  stagnant  water,  act  for  filling  up  certain,       38 
Lumber  and  Wood,  act  regulating  the  piling  of,  within  certain  lim- 
its in  Providence,  46 
not  to  be  piled  to  a  greater  height  than  thirteen  feet,  within 

certain  limits,  46 
Lumber,  act  regulating  the  survey  and  admeasurement  of,  brought 

by  water,  or  imported  into  this  state,  59 
surveyor  general  for  Providence  to  be  appointed  by  the  city 

council,  59 

duty  of,  59 

deputy  surveyors  of,  to  be  appointed  by  surveyor  general,  59 

duties  of  surveyors,  59 

five  kinds  of,  59 

spruce,  hemlock  and  juniper,  kinds  of,  60 

ash,  maple  and  hard  wood,  kinds  of,  60 

how  to  be  surveyed  and  marked,  and  by  whom,  60 

mahogany,  cedar  and  cherry  tree,  how  surveyed,  61 

for  ship-timber,  how  surveyed,  61 

fees  for  surveying,  61 

imported,  to  be  surveyed,  62 

penalty  for  buying  or  selling  without  survey,  62 

penalty  for  defacing  surveyor's  marks,  62 

penally  for  fraud  in  surveying,  62 

surveyor  general  of,  to  re-survey  in  case,  63 

surveyor  general  of,  to  make  return  of  lumber  surveyed,  63 

surveyors  of,  to  be  appointed  annually  in  each  town,  63 

surveyors  of,  to  keep  a  true  record  of  all  lumber  surveyed,  64 

made  in  this  state,  not  required  to  be  surveyed,  64 

act  in  addition  to  said  act,  64 

soft  pine,  how  measured,  64 

M. 

Magistrates,  court  of,  (see  court  of  magistrates,)  21 
Marshal,  city,  to  cause  bells  to  be  rung  for  ward  meetings  for 

elections,  77 

for  town  meetings  relative  to  Dexter  donation,  77 


INDEX. 


131 


Marshal,  city,  ordinance  prescribing  the  duties  of,  79 

Market  Place,  ordinance  describing  and  establishing  the,  91 

limits  of  the,  91 

tents  and  booths  not  to  be  erected  within  the  limits  of  the,  94 

Markets  and  Market  Place,  ordinance  for  the  regulation  of  the,  92 

duty  of  clerk  of  the  market,  92 
horses  and  carriages  not  to  stand  in,  except  as  directed  by 

the  clerk,  92 

market  hours,  92 

stalls,  scales  and  weights  in,  93 

offal  to  be  removed  from,  93 

stalls  to  be  leased,  93 

how  to  be  underlet,  94 

all  articles  to  be  weighed  on  city  scales,  94 

sale  of  tainted  provisions  in,  prohibited,  94 

how  many  casks  may  be  kept  in,  94 

no  tents  or  booths  allowed  in,  94 

Fish  market,  regulations  of  the,  94 

stalls  reserved  in,  94 

how  leased,  94 

how  underlet,  94 

time  of  business  in,  94 

offal,  how  disposed  of,  94 
intemperate  persons  prohibited  from  using  or  tending  any  of 

the  stalls  in,  or  loitering  in  or  about  the,  95 
clerk  to  complain  to  city  marshal  of  violations  of  ordinances 

committed  in  market  place,  95 

hay  market,  ordinance  in  relation  to,  95 

hay  to  stand  for  sale  in  the,  95 

city  scale  to  be  kept  in  repair,  95 

weigher  to  be  appointed  by  the  city  treasurer,  95 

Mayor,  how  and  when  to  be  elected,  9,  10 

general  powers  and  duties  of,  4 

salary  of,  5 

to  notify  persons  complained  of  as  permitting  nuisances,  115 

to  have  power  to  remove  paupers,  25 

to  sign  warrants,  commitments,  or  orders  of  removal,  25 
Mayor  and  Aldermen,  powers  of  former  town  council  transferred 

to  the,  to  appoint  one  of  the  aldermen  to  act  as  municipal 

judge  in  case,  8 

authorised  to  appoint  watchmen,  20 

authorised  to  appoint  special  constables,  20 

authorised  to  establish  ferries,  37 
required  to  give  information  of  offences  against  the  act  for 

the  erection  of  buildings  in  Providence,  45 
Mayor  or  Aldermen  authorised  to  liberate  persons  from  jail,  in 

certain  cases,  20 

Municipal  Court,  to  hold  regular  terms,  7 

to  exercise  probate  jurisdiction,  7 

original  and  appellate  jurisdiction  of,  defined,  7 

may  empanel  juries,  7 

process  from  how  to  be  served,  7 

proceedings  of,  how  to  be  recorded,  7 

appeals  from  the,  8 

one  of  the  aldermen  to  act  as  municipal  judge  in  case,  8 


132  INDEX 

Municipal  Court,  ordinance  appointing  times  and  places  for  hold- 
ing,               ,     ^  76 
ordinance  establishing  the  seal  of,  75 
clerk  of,  to  be  the  keeper  of  the  seal  of,  76 

N. 

North  Burial  Ground,  ordinance  in  relation  to  the,  111 
vaults  not  to  be  built,  nor  enclosures  made  in,  except  by  coi^- 

sent  of  the  city  council.  111 

penalty  for  violation,  111 

overseer  of,  to  keep  fenc3s  of  in  repair.  111 

to  report  violations  of  ordinance  respecting  to  the  loaypr,  111 

Nuisances,  ordinance  in  relation  to,  114 

duties  of  committee  on,  114 

which  can  be  abated  for  ten  dollars,  115 

proceedings,  115 

penalty,  1 15 

other  nuisances,  115 

proceedings,  115 

o. 

Officers,  certain,  to  be   annually  appointed,  in  addition  to  those 
specially  designated  and  required  to  be  appointed  by  the 

city  charter,  74 
whose   appointment  is  in  conformity  to  city  ordinances  or 

regulations,  74 

Q1.NEYVILLE,  act  respecting  firemen  in  the  village  of,  56 

Ordinances,  titles  of,  71 

when  to  go  into  operation,  73 

repeal  of  former,  73 

how  to  be  published,  73 

hereafter  enacted,  to  be  published,  78 

enacted   to  be  published  once  in  two  years,  78 

p. 

Paupers,  mayor  to  have  power  to  remove,  23 
warrants,  &lc.,  to  be  signed  by  mayor  and  sealed  with  city 

seal,  ^ 

P4.VEMENTS,  how  to  be  taken  up  for  digging  trenches,  86 

light  to  be  kept,  86 

Physicians  to  give  certificate  of  disease  of  any  person  dying,  109 

penalty  for  neglect  to  do  so,  109 

Police  Court,  jurisdiction  of,  8 

to  record  its  judgments,  Slc.  8 

appeals  from,  8 

any  one  of  the  justices  of,  to  have  the  same  jurisdiction   as 

was  exercised  exclusively  by  the  police  court,  13 
Poor,  act  in   amendment  of  an  act  for  the  relief,  support,  employ- 
ment and  removal  of  the,  25 
Pork  and  Beef,  act  authorising  the  city  of  Providence  to  elect  an 

inspector  of,  65 

inspector  of,  his  rights,  powers  and  fees,  65 

to  give  bond  and  be  sworn,  65 


INDEX.  l^ 

Presidents  of  Firewards,  to  be  annually  appointed,  SQr 

powers  and  duties  of,  53 

disobedience  to,  how  punished,  55 

Privy  Vaults,  ordinance  relative  to  the  removal  of  the  contents  of,       117 
no  removal  to  be  made  before  10  P.  M.,  between  April  and 

November,  117 

vehicles  to  be  covered,  and  not  to  stand  in  street,  117 

penalties,  117 

Providence,  city  of,  an  act  to  incorporate,  city  charter,  3 

an  act  in  amendment  of  said  act,  12 

an  act  in  addition  to  said  act,  13 

Public  Schools,   freemen   empowered  to  assess  and  collect  taxes 

for  support  of,  14 

ordinance  in  relation  to,  100 

number  and  description  of,  established,  100 

who  are  to  be  instructed  therein,  100 

character  of  instruction  in,  100 

high  school,  100 

number  of  pupils  in  high  school,  100 

ages  at  which  pupils  may  be  admitted  to,  101 
time  pupils  may  remain  in  high  school — who  may  attend  it,         101 

superintendent  of  public  schools,  by  whom  appointed,  101 

duties  of  superintendent  of,  101 

commencement  of  school  year,  101 

schools  for  colored  children,  101 

tuition  for  colored  children  may  be  paid  in  certain  cases,  101 

salaries  of  teachers,  101 

school  committee  to  control  money  appropriated  for  schools,  103 

duties  and  authority  of  school  committee,  102 

Public  Watch,  ordinance  for  the  establishment  of,  112 

board  of  aldermen  may  appoint  watchmen,  112 

duties  of  watchmen,  112 
persons  arrested  by  watchmen  may  be  discharged  in  certain 

cases,  1 12 
instructions  to  watchmen — mayor  may  suspend   watchmen 

from  duty,  112 

compensation  of  watchmen,  112 

Pumps  and  Wells,  ordinance  relative  to,  119 

clothes,  &/C.,  not  to  be  washed  in  troughs  attached  to,  119 

penalty  for  offending,  119 

firewards  authorised  to  construct  forcing  pumps,  89 

Quarantine,  ordinance  respecting,  103 
quarantine  ground,  bounds  of,  103 
what  vessels  may  pass,  by  leave  of  health  officer,  103 
what  vessels  shall  not  unload  at  the  wharves,  103 
vessels  laden  with  salt,  103 
vessels  in  ballast,  103 
vessels  passing  Field's  Point  in  the  night,  to  anchor,  105 
persons  going  on  board  of  vessel,  to  remain  during  quaran- 
tine, 105 
hides,  horns,  &c.,  not  to  be  landed,  except,  &c.  105 
bedding,  &c.,  to  be  washed,  105 


134 


INDEX 


duARANTiNE— penalty  for  refusing  to  give  information  to  health 

officer,  X06 

persons  ordered  'to  hospital,  not  to  depart  without  leave,  106 
no  person  to  go  within  fifty  yards  of  hospital,  except,  &-c., 

nurses,  107 

bilge-water  when  to  be  pumped  from  vessels,  107 

rules  and  regulations  for  vessels  at,  107 

penalty  for  breach  of  the  rules,  107 

board  of  aldermen  to  assign  term  of  quarantine,  108 

may  suspend  ordinance  respecting,  108 

R. 

Railroad  Depot,  city  council  may  authorize  upon  public  waters,  69 

Representatives  to  the  general  assembly,  how  elected,  10 

to  receive  certificates  of  election  from  the  city  clerk,  10 
Representatives  to  congress,  how  to  be  voted  for,  10 
Revelling,  &c.,  ordinance  to  prevent,  in  the  public  streets,  10 
Riding,  act  to  prevent  excessive,  in  any  of  the  places  therein  men- 
tioned,                                       .  32 

penalty  for  offence  against  the  act,  33 

s. 

Salt,  Grain,  and  Sea  Coal,  act  to  regulate  the  measuring  of,  57 

measurers  of,  to  be  annually  appointed,  57 

duties  and  compensation  of,  57 

to  certify,  &c.  58 

penalties  for  breach  of  act  concerning,  58 

Schools,  see  ("public  schools,")  14,  100 

Sea  Coal,  Salt  and  Grain,  act  to  regulate  the  measuring  of,  57 

Sealer  City,  weights  and  measures  to  be  sealed  by,  46 

Seals,  ordinance  establishing  the  city  seal,  and  seals  for  the  board 

of  aldermen  and  for  the  municipal  court,  75 

court  of  magistrates  empowered  to  adopt  a,  23 
Sergeant  City,  ordinance  prescribing  the  duties  of,  in  certain 

cases,  78 
Shavings,  &c.,  not  to  be  left  in  the  street,  90 
carpenters,  &c.,  to  remove  from  shop,  90 
Sheep  not  allowed  to  go  at  large,  120 
Shops,  dc-c,  not  to  be  opened  after   11  o'clock,  P.  M.,  nor  on  Sun- 
days, 113 
Sidewalks,  act  concerning,  29 
act  in  addition  concerning,  31 
to  be  built,  altered  and  repaired,  at  the  expense  of  owners  of 

adjoining  land,  29 
commissioners  of,  to  be  annually  chosen,  29 
their  general  duties  and  powers,  29 
to  notify  owners,  &,c.,  of  lands,  in  case,  &c.,  30 
proceedings  in  case  of  neglect  to  repair,  30 
repairs  to  be  done  under  the  inspection  of  surveyor  of  high- 
ways, 30 
corporations  liable  to  taxation  to  repair,  31 
act  in  amendment  of  an  act  concerning,  31 
powers  of  sidewalk  commissioners  vested  in  city  council,  or 

officers  appointed  by  them,  31 

ordinance  for  the  preservation  of,  86 


INDEX. 


135 


Sidewalks,  horses  and  vehicles  not  to  be  driven  upon,  86 

snow  to  be  removed  from,  87 

goods,  &c.,  not  to  be  deposited  on,  87 

awning  over,  how  to  be  placed,  87 

fines  for  violation  of  ordinance  respecting,  when  to  be  sued  for,  88 

street  commissioners  may  direct  the  building  of,  82 

Sign  Boards,  how  to  be  placed,  84 

Slaughter  Houses,  in  the  town  of  Providence,  act  respecting,  66 

Sliding  on  sleds,  &c.,  in  street,  prohibited,  84 

Stagnant  Water,  act  for  filling  up   certain  low  grounds  covered 

with,  in  the  compact  part  of  Providence,  38 

Stores,  &c.,  not  to  be  opened  after  11  o'clock,  P.  M.,  nor  on  Sun- 
day. 113 

Stoves  and  stove   pipes,  ^c,  committee  to  superintend  the  plac- 
ing of,  89 
committee  may  order  the  removal  of,  in  case,  &-c.,  90 

Streets  and  Gangways,  act  declaring  certain  private  streets  and 
gangways  in  the  town  of  Providence,  to  be  public  high- 
ways, 26 

Strets  and  Highways,  ordinance  relating  to,  83 

vehicles  not  to  remain  unharnessed  in,  84 

goods,  &-C.,  not  to  be  deposited  in,  84 

lighting  of,  board  of  aldermen  to  provide  for,  84 

playing  ball  in,  prohibited,  84 

sliding  in,  on  sleds,  &:,c.,  prohibited,  84 

sign  boards,  how  to  be  placed,  84 

staging,  &LC.,  how  to  be  erected,  84 

building  materials,  not  to  remain  in,  85 

work,  how  done,  85 

light  to  be  kept,  85 

master  workman  and  employer  liable  in  certain  cases,  85 

no  coal  dust,  ashes,  ^c,  to  be  thrown  into,  85 
wood,  lumber,  dec,  not  to  remain  in  more  than  twenty-four 

hours,  85 

pavements,  how  to  be  taken  up,  86 

encroachments  on,  street  commissioners  to  report  to  the  mayor,  83 

ordinance  to  prevent  revelling  and  other  disturbances  in,  112 
ordinance  to  prevent  the  firing  of  guns,  fiec,  in,  and  other 

public  places,  113 

street  commissioners  to  make  surveys  of,  81 

Street  Commissioners,  an  ordinance  establishing,  80 

three,  to  be  annually  appointed,  80 

duties  of,  80 

to  make  surveys  of  streets,  81 

to  notify  parties,                                                                       .  81 

to  fix  grades,  81 
copy  of  the  grade  established  to  be  left  in  the  office  of  the  city 

clerk.  81 

appeals,  to  whom  made,  81 

monuments  to  be  fixed,  81 

plat  to  be  recorded,  81 

may  direct  building  of  side-walks,  82 
in  case  of  neglect  to  build,  work  to  be  done  by  surveyor  of 

highways,  82 

may  order  fences  built,  or  posts,  &c.,  removed,  82 

surveyor  to  pave  gutter  in  certain  cases,  83 


136 


INDEX. 


Street  Commissioners,  lo  examine  lines  of  street,  and  report  en- 
croachments, 83 
compensation  of,  §3 
Sunday,  no  shop,  store,  dtc,  to  be  opened  on,  113 
Superintendent  of  public  schools,  who  appointed  by,  83 
Surveyor  of  Highways,  his  duties,  101 
to  proceed  to  build  sidewalks,  when  the  owner  of  the  adja- 
cent estate  refuses,  82 
mode  of  collecting  the  expense  of  building  the  same  of  the 

owner,  S^ 
to  pave  gutters,  when  owners  of  property  on  the  street  fur- 
nish curb-stones,  81^ 
Swine  running  at  large,  declared  forfeited,  120 


Tax,  town  of  Providence  authorised  to  assess,  for  free  schools,  14 

collector  of,  to  give  bond  for  amount  of,  98 

sureties  to  be  approved  by  board  of  aldermen,  98 

Tents  and  Booths,  not  to  be  erected  in  the  market  place,  98 

Town  Meeting  to  be  holden  respecting  Dexter  donation,  4 

times  and  place  of  holding,  respecting  Dexter  donation,  76 

who  are  entitled  to  vote  in  said,  14 

u. 

Undertakers,  to  be  appointed  by  the  city  council,  109 
certificate  of  the  physician   attending   persons  dying,  to  be 

given  to,  109 

to  enquire  for  certificate  of  the  physician,  109 
to  make  monthly  returns  to  the  clerk  of  the  board  of  health, 

of  all  interments,  &c.,  109 

the  returns  to  be  recorded.  111 

penalty  for  violation  of  the  provisions  respecting,  110 
any  person  other  than,  shall  first  obtain  permission  to  manage 

and  conduct  a  funeral,  110 

shall  not  bury  except.  111 


Vaccinated,  record  of  need  not  be  kept  under  certain  circumstances,  68 

Vagrants,  who  shall  be  deemed  to  be,  18 

to  be  committed  to  prison,  18 

Vegetable  Substances,  not  to  be  deposited  in  certain  waters  of 

the  city,  116 

Vessels  not  to  be  fastened  to  Weybosset  bridge,  33 

with  gunpowder  on  board,  where  to  anchor,  50 
what  may  pass  the  quarantine  ground  by  permission  of  the 

health  officer,  103 

which  shall  not  unload  at  wharf,  104 

loaded  with  salt,  104 

in  ballast,                                                                                 .  104 

passing  Field's  point,  to  anchor,  105 

passing  quarantine  ground  without  permission,  penalty  for,  105 

persons  going  on  board,  to  remain  during  quarantine — penalty,  105 
having  sickness  on  board,  not  to  come  to  wharves  during 

quarantine,  105 

rules  for,  in  quarantine,  1^7 


INDEX. 


w. 


137 


Wards,  division  into,  9 

may  be  altered  by  the  city  council,  9 

officers  of,  when  to  be  elected,  13 

Wardens,  when  to  be  elected,  13 

duties  of,  '9 

ordinance  fixing  the  compensation  of,  77 

Ward  Clerks,  when  to  be  elected,  13 

ordinance  fixing  the  compensation  of,  77 

Ward  Meetings,  what  shall  constitute  a  quorum  in,  9 
votes  given  in  at,  for  representatives  to  general  assembly,  to 
be  endorsed  with  the  names  of  freemen  voting — votes  given 
in  at,  for  representatives  to  general  assembly,  to  be  sealed 

up,  certified,  &,c.,  9 

ordinance  prescribing  the  manner  of  notifying,                    ^  77 

Watch,  public,  ordinance  providing  for  the  establishment  of,  113 

duties  of,  112 

persons  arrested  by,  may  be  discharged  in  certain  cases,  112 
to  be  governed  by  instructions  as  may  be  given  by  mayor  or 

the  board  of  aldermen,  112 
mayor  may  suspend  from  duty,  112 
compensation  of  members  of,  112 
mayor  and  aldermen  may  appoint  watchmen,  20^ 
Wa-Ters,  public,  towns  may  prevent  encroachments  upon,  33 
city  council  may  authorize  railroad  depot  upon,  69 
Weights,  ordinance  in  relation  to,  and  measures,  scales  and  bal- 
ances, 96 
and  measures  to  be  sealed,  96 
Weighers  of  Coal  to  be  annually  appointed — coal  to  be  weighed,  97 
fees  of,  98 
penalty  for  selling  coal  not  weighed  by,  98 
Weybosset  Bridge,  an  act  to  prevent  damage  being  done  to  by  fast- 
ening vessels  to  the  same,  33 
Wharves,  not  to  encroach  upon  the  harbor  by  building,  34 
to  be  kept  in  repair,  34 
penalty  for  not  keeping  in  repair,  34 
Wonasquatucket  River,  bathing  in  within   certain  limits,  pro- 
hibited, 118 
Wooden  Buildings,  not  to  be  removed  without  permission  of  city 

council,  42 


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